Boone Circuit Court Document Filing Requirements

CRITICAL

Applies to

Pleading

Pleadings must identify their authorship under Civil Rule 11; an interested natural person may present papers without being an attorney but must sign them and state an address.

All pleadings shall contain the authorship thereof in accordance with Civil Rule 11 except that a natural person who has an interest in an estate, either a beneficiary or personal representative, may present such papers even though he or she is not an attorney at law, however such person shall sign his pleadings, motion or other paper and state his address, pursuant to CR 11.

CRITICAL

Applies to

Fee schedule

A private probation company must provide the Court an annual written fee schedule that includes an ability-to-pay sliding scale for indigent defendants, and submit a copy to the Administrative Office of the Courts using Form AOC-411.

Unless it first agrees, in writing, to provide the Court on an annual basis with a written schedule of fees to be charged, such schedule to include a sliding scale fee schedule for indigent defendants based upon their ability to pay, 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

Pleading

Pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, and 407.

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

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the resulting action is a domestic violence action or an interpersonal protective order action.

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

Motion

A motion must be filed with the Boone Circuit Clerk together with a notice of hearing stating the hearing's date, time, and place.

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

CRITICAL

Applies to

Motion

Motions may be made orally during trial in chief; all other motions must be written and accompanied by a legal memorandum.

Motions may be made orally during the progress of trial in chief, but all other motions must be in writing and accompanied by legal memorandum.

CRITICAL

Applies to

Private probation agency requirements and agreement

Private probation companies must use Form AOC-411 to comply with SCR 9.020.

Form AOC-411, “Private Probation Agency Requirements and Agreement,” shall be used by the private probation company to comply with the requirements set out in SCR 9.020.

CRITICAL

Applies to

Judgment or order

A judgment or order submitted for signature must include the scrivener's typed name and signatures and either counsel's service certification or the other attorneys' “Have Seen” endorsements; the Court may grant an endorsed exemption in whole or part for exceptional circumstances.

All judgments and orders presented to the Court for signature shall contain the scrivener's typed name and signatures and: - 1. Contain a certification by counsel that the order has been sent or delivered to opposing counsel and the date sent or delivered. Opposing counsel shall file an objection only on the basis that the order or judgment is not in conformity with the ruling of the Court as soon as possible. If no objection is filed, the Court will enter the order or judgment, OR - 2. Contain a "Have Seen" endorsement of all other attorneys of record. This endorsement shall constitute an acceptance by said counsel only that the order of judgment is in conformity with the ruling of the Court. B. Because of the number of parties in an action or for any other exceptional circumstances the Court, in its discretion, may exempt a particular order or judgment from the application of this RULE in whole or in part by endorsing said exemption on it.

CRITICAL

Applies to

Notice of hearing

The listed Gallatin County matters must be filed with the county clerk with a hearing notice specifying the hearing date, which the clerk's office provides.

All Gallatin County juvenile matters (status offense cases and dependency, neglect, and abuse cases), civil domestic violence matters, and interpersonal protective matters shall be filed with the Clerk of Gallatin County and shall contain a notice of hearing specifying on what date they will be heard. Said date will be given by the Gallatin County Clerk's Office.

CRITICAL

Applies to

Request for fcrpp 6 2 action

Counsel requesting an action listed in FCRPP 6(2) must present the supporting facts of the case.

In requesting one of those actions, counsel for a party shall present the facts of the case which support the requested action.

CRITICAL

Applies to

Emergency and ex parte motion

Must include

proposed order

Emergency-hearing and ex-parte motions must be submitted for the judge's review with attached affidavits and a proposed order.

All motions for emergency hearings and ex-parte motions shall be submitted for the judge's review with attached affidavit(s) and a proposed order.

CRITICAL

Applies to

Order of withdrawal

The Clerk may not pay the money to an attorney unless the order of withdrawal names and authorizes that attorney.

The Clerk shall not pay such money to an attorney unless such attorney is so authorized by name in the order of withdrawal.

CRITICAL

Applies to

Inventory

The inventory filed by the personal representative must be submitted in duplicate.

A personal representative shall file an inventory in duplicate with the Probate clerk within two (2) months from the time of qualifying as said personal representative.

CRITICAL

Applies to

Order referring case to master commissioner

The attorney who moved to refer an action to the Master Commissioner must deliver a copy of the referral order to the Commissioner's Office.

The attorney who moved to refer an action to the Master Commissioner shall deliver a copy of the Order referring the case to the Master Commissioner to the Master Commissioner's Office.

CRITICAL

Applies to

Notice of hearing

The listed Boone County matters must be filed with the county clerk with a hearing notice specifying the hearing date, which the clerk's office provides.

All Boone County juvenile matters (status offense cases and dependency, neglect and abuse cases), civil domestic violence matters, and interpersonal protective matters shall be filed with the Clerk of Boone County and shall contain a notice of hearing specifying on what date they will be heard. Said date shall be given by the Boone County Clerk's Office.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for diversion, defense counsel must state on the record that the defendant waives speedy-trial and charge-disposition rights if diversion is granted, and the defendant must agree on the record.

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

Joint affidavit

The joint affidavit states that the parties exchanged preliminary disclosures and either filed final disclosures or agreed to waive filing them.

5. We affirm that we have exchanged our preliminary verified disclosure statements (AOC-238) and have either: Filed our final verified disclosure statements (AOC-239) on the following date: _____. OR We agree to waive the filing of final verified disclosure statements.

CRITICAL

Applies to

Motion

A supporting memorandum must accompany each motion except routine motions, including motions for extensions of time; omission may be grounds for denial.

Except for routine motions, such as for extensions of time, a supporting memorandum shall accompany each motion. Failure to do so may be grounds for denying the motion.

CRITICAL

Applies to

Motion

Motions other than motions to set for trial must recite authority.

All motions, other than motions to set for trial, must recite authority.

CRITICAL

Applies to

Waiver of hearing

The waiver of the right to a hearing must be notarized and executed by the Respondent.

A notarized waiver of the right to a hearing executed by the Respondent.

CRITICAL

Applies to

Final settlement

A probate accounting summary must be filed with each final settlement, except for estates filing an informal settlement under KRS 395.605.

3. A probate accounting summary shall be filed with each final 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

Motion for attorney fees

Must include

proposed order

A WOA seeking more than the current court-set fee must submit a motion for attorney's fees with an attached order for the judge's approval.

Any WOA seeking payment in excess of the current fee set by the Court, shall prepare a motion for attorney's fees with an attached order and submit it for the judge's approval.

CRITICAL

Applies to

Diversion termination statement

A Divertee may voluntarily terminate participation at any time by submitting a written statement; if termination occurs before the contract expires without the Diversion Officer's consent, the officer must refer the case to the County Attorney for prosecution.

At any time the Divertee may voluntarily choose to be terminated from the Diversion Program by submitting a written statement indicating same. Where the termination is prior to the expiration of the contract period and without the consent of the Diversion officer, the Diversion Officer shall refer the case to the County Attorney for Prosecution.

CRITICAL

A GAL or CAC seeking payment in a dependency, neglect, and abuse case must complete form FINGAL-1 and submit it for the judge's approval.

Any Guardian ad Litem (GAL) or Court Appointed Counsel (CAC) appointed in a dependency, neglect, and abuse case seeking payment shall complete form FINGAL-1 provided by the Finance and Administration Cabinet and submit it for the judge's approval.

CRITICAL

Applies to

Order appointing guardian ad litem or friend of the court

Unless the Court directs otherwise, the judge's office must prepare the appointment order in a qualifying dissolution or custody case and specify each party's percentage of financial responsibility.

When a GAL for a child or an FOC is appointed in a dissolution of marriage or custody case under KRS Chapter 403, unless otherwise directed by the Court, an Order Appointing a Guardian ad Litem or Order Appointing a Friend of the Court shall be prepared by the judge's office specifying each parties' percentage of financial responsibility.

CRITICAL

Applies to

Diversion contract

The accused and a Diversion Officer must establish a contract specifying required conditions, referral services, contract length, any required restitution or community service, and any judge-required special terms; the contract must receive the judge's final approval before diversion terms commence.

Upon approval of participation in the Diversion Program, the accused shall meet with a Diversion Officer to establish and agree to a formal contract which will specify the condition required, the referral services to be used, the length of the contract, and the need, if any, for the accused to make required restitution or perform community service. The contract shall be presented for final approval to the trial judge, and upon its final approval, the terms of diversion shall commence. The Diversion Contract shall contain any special terms required by the trial judge.

CRITICAL

Applies to

Emergency custody order affidavit

During the stated county-specific working hours, ECO applicants must complete the official AOC-DNA-2.1 form at the Circuit Clerk's office and submit the affidavit to the on-call Family Court Judge or, if unavailable, the on-call District Judge.

During normal working hours (8:00 a.m. to 4:00 p.m. in Boone County and 8:30 a.m. to 4:30 p.m. in Gallatin County), Monday through Friday, excluding holidays, persons seeking an Emergency Custody Order (ECO) shall come to the Circuit Clerk's office to fill out the official AOC form AOC-DNA-2.1 (Emergency Custody Order Affidavit). The affidavit shall then be submitted to an on-call Family Court Judge or an on-call District Judge if a Family Court Judge is not available.

CRITICAL

Applies to

Motion for attorney fees

A motion for compensation must state the hours and a brief description of services, the reasonableness of the requested fee, and that the proceedings have concluded.

Motions for compensation shall include the following information: - 1. The hours of service rendered with a brief description of the services rendered; - 2. The reasonableness of the fee requested; and - 3. That the action or proceedings have been concluded.

CRITICAL

Applies to

Probation or conditional discharge record

The terms of probation or conditional discharge must appear on the Court's docket or Administrative Office of the Courts forms, not on private probation company forms.

- h. Assure that the terms of probation or conditional discharge are clearly stated on the Court's docket or other forms provided by the Administrative Office of the Courts and not on the forms of the private probation company;

CRITICAL

Applies to

Discovery objection

An objection to an answer or failure to answer must set out the full interrogatory or request, any answer, and the reasons and grounds for the objection.

When an objection is filed to an answer or failure to answer an interrogatory or a request, it shall set out the interrogatory or request in full, the answer, if any, thereto and the reasons and grounds for the objection.

CRITICAL

Applies to

Appraisal objection

A party objecting to an appraisal must file written objections and arrange a hearing with the Court before the sale date.

Any party to a suit objecting to an appraisal shall file written objections thereto and shall arrange with the Court to have a hearing thereon prior to the date of sale.

CRITICAL

Applies to

Petition

After regular business hours, the authorized agency or officer must present the petition to the Family Court Judge on call, or follow the stated sequence to the on-call District Court Judge and then the Circuit Court Judge if unavailable.

Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: Family Court Judge on call. If unavailable, then it shall be taken to the District Court Judge who is on call. If unavailable, it shall then be taken to the Circuit Court Judge.

CRITICAL

Applies to

Master commissioner report

Master Commissioner reports must be filed in the Clerk's Office.

The Reports of the Master Commissioner shall be filed in the Clerk's Office.

CRITICAL

Applies to

Warrants orders or motions

The District Court must ensure that the private probation company and its personnel do not prepare, tender, or present warrants, orders, or motions concerning supervised defendants.

- f. Assure that the private probation company and its employees, agents, or representatives shall not prepare, tender, or present warrants, orders, or motions to the District Court concerning any defendant under the company's supervision;

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court in response to every pretrial-diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533.250(2) .

CRITICAL

Applies to

Brief or memorandum

Briefs and memoranda must cite evidence and law supporting every argument.

Briefs and memoranda filed with the Court shall contain citations to evidence and law that support all arguments advanced therein.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue the summons for a time the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons for a time when the matter may be heard by the receiving judge.

CRITICAL

Applies to

Brief pleading or memorandum

Briefs, pleadings, and memoranda must include the filing party's attorney of record's name, address, Kentucky Bar Association number, party representation, and telephone number with area code.

All briefs, pleadings and memoranda filed with the Court shall include the name, address, Kentucky Bar Association number, party representation and telephone number, including area code, of the attorney of record for the party filing them.

CRITICAL

Applies to

Motion

An action may not be dismissed until all costs are paid to the Clerk unless good cause is shown by affidavit and motion.

No action shall be dismissed until all costs have been paid in fully to the Clerk unless good cause is shown by affidavit and motion.

CRITICAL

Applies to

Civil motion

Civil motions other than those that may be heard ex parte, and motions to set contested civil actions for trial, must appear on the Motion Docket.

All civil motions, other than one which may be heard ex parte, and all motions to set contested civil actions for trial, shall appear on the Motion Docket.

CRITICALCriminal cases

Applies to

Diversion recommendation

When recommending diversion, the Commonwealth must submit written recommendations on 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 to appoint warning order attorneys

Must include

proposed order

Motions to Withdraw may be set at the Court's convenience; a motion to appoint Warning Order Attorneys may be set at the Court's convenience if accompanied by an affidavit and proposed order.

*** Motions to Withdraw may be set at the convenience of the Court. Motions to appoint Warning Order Attorneys may be set at the convenience of the Court if accompanied by an affidavit and proposed order.

CRITICAL

Applies to

Order required to be served

Orders required to be served under the Civil Rules must direct the Circuit Clerk to mail copies to the listed attorney and address.

All orders which are required under the Civil Rules to be served upon opposing parties or counsel, including judgments, final orders and orders affecting the running time for taking an appeal, shall contain directions to the Circuit Clerk for distribution thereof in the following manner: Mail copies to:           John Jones                                     Attorney for Plaintiff, Jane Doe                                     208 Main Street                                     Anytown, Kentucky 41000

CRITICAL

Applies to

Court record

The County Attorney may not unreasonably withhold consent to diversion and must state the reasons on the record if consent is refused.

Consent of the County Attorney to the Person's participation in the Diversion Program shall not be unreasonably withheld. If the County Attorney refuses to consent to the person's participation in the Diversion Program, he or she shall state on the record the reasons therefore.

CRITICAL

Applies to

Diversion report

The Pretrial Service office must prepare a diversion report containing the specified eligibility information and make it available to the County Attorney, Trial Judge, and Defendant before approval.

4. A diversion report shall be prepared by the Pretrial Service office of the court and such report shall contain basic pretrial information, record of any past offenses and convictions, record of any prior participation in the diversion program or other 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 Diversion Program. Prior to approval for participation in the Diversion Program the diversion report shall be made available to the County Attorney, the Trial Judge, and the Defendant.

CRITICAL

Applies to

Divorce documents

Pro se litigants who use AOC self-help kiosks to generate divorce documents must also submit the supplemental Joint Affidavit.

Pro se litigants using the AOC self-help kiosks to generate their divorce documents must also submit a supplemental Joint Affidavit available at the local circuit clerk's office. See Appendix C.

CRITICAL

Applies to

Petition

During regular business hours, the authorized agency or officer must present the petition to the Family Court Judge, or to a District or Circuit Court Judge if the Family Court Judge is unavailable.

Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: Family Court Judge. If the Family Court Judge is unavailable, then it shall be taken to the District Court Judge or Circuit Court Judge.

CRITICAL

Applies to

Petition

A completed fiduciary bond form with the amount left blank must be filed with the petition.

There shall be filed with the Petition a completed fiduciary bond form (with the amount left blank).

CRITICAL

Applies to

Motion to set for trial

A motion to set a contested case for trial must state the nature of the action, whether a jury has been demanded, and the estimated trial length.

All motions to set contested cases for trial shall state the nature of the action, whether or not a jury has been demanded, and the estimated length of trial.

CRITICAL

Applies to

Court order

A court-directed tendered order must include an opposing counsel or pro se party acknowledgment signature line; if they do not sign, submitting counsel may describe the effort and refusal or failure, which the Court may accept as sufficient.

Orders tendered at the Court's direction shall include a signature line for the opposing counsel or pro se party to indicate their acknowledgement that the tendered order is consistent with the Court's order. If the opposing counsel or pro se party refuses or otherwise fails to sign the order, the submitting counsel may include a statement regarding the effort made to obtain a signature and the refusal or failure to sign. The Court in its discretion may accept the submitting counsel's statement as sufficient for entry of the order.