Bourbon County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Final contested hearing

For a dissolution or custody proceeding, the Circuit Clerk may not assign a final contested hearing date until the required parent-education completion certificates are provided.

C. In a proceeding for dissolution of marriage or custody the Circuit Clerk shall not assign a date for final contested hearing until certificates demonstrating that both parties and their children have completed the parent education program, if applicable.

CRITICALCriminal cases

Applies to

Order transferring case

After admission is determined and the defendant accepts the offer, the sentencing judge must complete an order transferring the case to Mental Health Court.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the sentencing judge shall complete an order transferring the case to Mental Health Court.

CRITICAL

Applies to

Competing order or judgment

A party disputing the contents of an opinion or order must file a competing order or judgment.

If a dispute arises as to the contents of an opinion or order, the disputing party shall file their own competing order or judgment with the Court.

CRITICAL

The required sale terms specify that the Master Commissioner sets the sale date and time and identify the designated sale location for each county, unless the Court orders another location.

Terms specifying that the property shall be sold on a date and time to be fixed by the Master Commissioner at each respective county within the Circuit at the following locations, or at such other location as Ordered by the Court: a. Bourbon County: Judicial Center Main Street Paris, Kentucky 40361 b. Scott County Justice Building 119 N. Hamilton Street Georgetown, Kentucky 40324 c. Woodford County: Courthouse 130 Court Street Versailles, Kentucky 40383

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

Written plea offer

In addition, a written offer on a plea of guilty shall be provided by the

In addition, a written offer on a plea of guilty shall be provided by the

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A proposed default judgment must be tendered with the motion or at its hearing.

A proposed default judgment must be tendered with the motion for default judgment or at the time of the hearing of said motion.

CRITICAL

Applies to

Merits motion

A motion going to the merits must include a brief statement of its grounds and supporting authorities; failure to do so may be a basis for overruling it.

All motions going to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under Civil Rule 12.02 shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon. Failure to file a statement of grounds with supporting authorities may be a basis for overruling the motion.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A certificate of service must state that opposing counsel was contacted about the proceeding date, describe contact efforts if contact was not made, or explain why the matter is set without agreement.

All Certificates of Service shall certify that opposing counsel was contacted concerning the date set for the proceeding, set forth the efforts made to contact if contact was not made, or why the matter shall be set without an agreement as to date.

CRITICAL

Applies to

Child support worksheet

When the parties have a minor child, they must submit a completed child support worksheet signed by both parties even if they agree to deviate from the guidelines or not require support.

D. When the parties have a minor child a completed child support worksheet signed by both parties shall be submitted even if the parties agree to deviate from the Kentucky Child Support Guidelines and/or not require child support.

CRITICAL

Applies to

Adoption or termination of parental rights petition

Every adoption or termination petition must identify related case numbers and the previously appointed GAL and parent’s attorney.

Pursuant to FCRPP 32(2)(b), every petition in an adoption or termination of parental rights action shall include the case number of any related Dependency, Neglect and Abuse and/or Termination of Parental Rights case and the name of any GAL previously appointed and attorney for parent in the previous case.

CRITICAL

Applies to

Sale confirmation

The sale is deemed confirmed without a motion only if no exceptions have been filed by the ten-day point.

Ten (10) days after the filing of that report, if no exceptions have been filed thereto and without motion, the sale shall be deemed confirmed

CRITICAL

Applies to

Real property appraisal

If an appraisal is required by order or statute, the Master Commissioner must arrange a sworn appraisal by two qualified disinterested appraisers, and the appraisal must be written and signed.

If required by Order or statute, the Master Commissioner before making a sale of real property shall have the property appraised by two (2) disinterested persons who are not related to any parties to the action, both of whom are actively engaged in or have had at least one (1) year of experience in the field of real estate. Before making appraisals, the appraisers shall be sworn by the Master Commissioner. In accordance with KRS 426.520(2) the appraisal shall be in writing, shall be signed by the persons making it, and shall be filed in the Court record by the Master Commissioner prior to the sale.

CRITICAL

Applies to

Motion notice

The notice for a motion hearing must specify the hearing's date, time, and place.

The notice shall specify the date, time, and place for the motion to be heard.

CRITICAL

Applies to

Referral order

An attested copy of an order referring a case to the Master Commissioner must be delivered to the Master Commissioner’s office.

An attested copy of the Order referring the case to the Master Commissioner shall be delivered to the Master Commissioner’s office.

CRITICAL

Applies to

Dependency neglect or abuse petition

Dependency, neglect, or abuse petitions must use Form AOC-DNA-1; appropriate forms are available by request from the Circuit Clerk.

Appropriate forms shall be made available upon request to the Circuit Clerk. Only petitions filed on Form AOC-DNA-1 shall be accepted by the Circuit Clerk as an initiating document.

CRITICAL

Applies to

Notice of motion

A motion notice must specify the hearing date, time, and place.

Notice of the motion shall specify the date, time, and place of the hearing.

CRITICAL

Applies to

Petition

In cases involving minor children, two completed Case Data Information Sheets must be filed with the petition, with the clerk forwarding one and filing the other in the court record.

B. Two copies of a completed Case Data Information Sheet shall be filed with the petition (Form AOC-FC-3) in cases involving minor children. One form shall be forwarded to the County Attorney's box by the Circuit Clerk; the other shall be filed in the Court record.

CRITICAL

Applies to

Order authorizing deed or distribution

An order authorizing a deed or distribution of sale proceeds when a CR 4.11 bond is required must include the prescribed constructive-service and bond language.

All Orders authorizing the deed or distribution of sale proceeds in any action in which a bond under C.R. 4.11 is required must contain the following language” “The Defendant(s), ________________________________, are before the Court solely by constructive service. Therefore, prior to the distribution of sale proceeds, or the delivery of a deed, the movant shall post a bond pursuant to CR 4.11 in the penal sum of $________________ and furnish the Master Commissioner a copy thereof before entry of this Order.”

CRITICALCriminal cases

Applies to

Commonwealth written recommendation

The Commonwealth must make a written recommendation to the Court in response to each pretrial diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application .

CRITICAL

Applies to

Motion

A request for an order releasing a video record must be made by written motion identifying the requested portion and purpose, with notice to all parties and any Guardian ad Litem.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the portion of the video record being requested and the specific purpose for the request.

CRITICAL

Applies to

Certification

The certification must not be included in the Judgment or filed in the Court record.

This certification is not to be included in the Judgment nor it is to be filed in the Court record.

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign an Agreement of Participation before eligibility is determined; it must include the requirements for each phase, and its standard terms may be changed by agreement of the Commonwealth, the Defendant, and the Court.

"Agreement of Participation" means the written agreement required to be signed by all potential Mental Health Court participants prior to the determination of eligibility for Mental Health Court. The agreement of participation will include the requirements of the program for each phase. The standard terms of the agreement may be altered, added to, or subtracted from by agreement of the Commonwealth, the Defendant and the Court.

CRITICAL

Applies to

Petition

A petition must include facts supporting Family Court jurisdiction and specified information about the child’s parents and custodians, including address-search efforts.

B. Any petition filed with this Court shall include the following: 1. Factual allegations relied upon in asserting the Family Court's jurisdiction; and 2. Full information concerning the child's parents, persons exercising custodial control or supervision or who have been awarded legal custody by a Court or claims a right to legal custody under the laws of this state, including a noncustodial parent and their addresses) if known after diligent efforts to locate them have been made by the petitioner. If the petitioner is the CHFS this effort shall include contacting the Child Support Division of the County Attorney's Office in an attempt to discover the address of any absent parent.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations stating 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 ofconditions 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

Offer sheet

Each offer sheet must be signed by the prosecutor, defendant, and defense counsel and filed in the record by the date the plea is taken.

All offer sheets shall be signed by the attorney prosecuting the case, the defendant, and the defendant’s counsel and shall be filed in the record on or before the date the defendant’s plea is taken.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Temporary maintenance motion

A temporary-maintenance motion must include Form AOC-238 and an affidavit stating the movant's monthly expenses and knowledge of the other party's monthly gross and net income.

Further, a motion for temporary maintenance must be accompanied by the Form AOC-238 Preliminary Verified Disclosure Statement and, by affidavit, movant's monthly expenses and movant's knowledge of the monthly gross and net income of the party from whom maintenance is sought.

CRITICAL

Applies to

Certification

Before tendering a judgment for approval, the tendering party must provide the Master Commissioner a written certification of a due-diligence search to identify the deceased party’s heirs, devisees, and their spouses.

Before a Judgment is tendered to the Master Commissioner for approval, the party tendering the Judgment must certify in writing to the Master Commissioner that a due diligence search has been made (i.e., newspaper, online obituary, probate Court records) to ascertain the identity of the deceased party’s heirs, devisees, and their respective spouses.

CRITICAL

Applies to

Joint verified statement and order

For a deviation from the child-support guidelines, the parties must submit a joint verified statement and order stating the statutory basis, which may instead be set forth in the settlement agreement.

Further, because of the statutory requirement of written findings specifically detailing the factual reasons for departure from these guidelines, parties shall also submit a joint verified statement and order that includes specific language establishing a statutory basis for the deviation as set forth in KRS 403.211(3). This basis may be set forth in the settlement agreement.

CRITICAL

Applies to

Case filing

Must include

caption

Cases filed in Family Court must use the specified caption.

B. Cases filed in the Family Court shall be styled as follows: 1. Caption: COMMONWEALTH OF KENTUCKY CIRCUIT COURT DIVISION III FAMILY CASE NO:

CRITICAL

Applies to

Petition for dissolution

A completed VS-300 form must be filed with the Petition for Dissolution, and no final decree may be entered until the rule is satisfied.

A completed VS-300 form typed and signature in black or blue ink shall be filed at the time of filing of the Petition for Dissolution. A final decree shall not be entered until compliance with this rule.

CRITICAL

Applies to

Agreed order

Agreed Paternity/Child Support orders and subsequent agreed Child Support orders must state that each party was informed of the right to be heard and expressly waives that opportunity.

All agreed orders of Paternity/Child Support and subsequent agreed orders regarding Child Support shall include specific language that each party was informed of the right to be heard by the Family Court Judge if any party does not agree with the terms of the agreed order and that each party expressly waives that opportunity to be heard.

CRITICALCriminal cases

Applies to

Eligibility materials

The assessment, Notice of Eligibility, and other pertinent information must be completed and submitted to the BSW-MHC team before the defendant’s next scheduled court appearance.

The assessment, the Notice of Eligibility form, and any other pertinent information regarding the defendant shall be completed and submitted to BSW-MHC team prior to the defendant's next scheduled court appearance.

CRITICAL

Applies to

Adoption proceeding

An adoption proceeding cannot be assigned a final hearing until the petitioner submits the court-approved checklist and certifies compliance.

No adoption proceeding shall be assigned a final hearing until the petitioner has submitted a court approved adoption proceeding checklist and certified compliance therewith.

CRITICAL

Applies to

Motion to modify temporary child support or maintenance

A motion to modify temporary child support or maintenance must comply with the initial-setting rules and include an affidavit addressing the basis for modification and updated financial information.

E. All motions to modify temporary child support or maintenance shall comply with the rules to initially set temporary child support or maintenance and, by affidavit, movant's change of circumstances or basis for modification and updated financial information.

CRITICAL

Applies to

Proposed order

An attorney must return a proposed order tendered by another attorney within seven days.

All proposed orders, tendered by an attorney to another attorney, must be returned within seven (7) days to the tendering attorney, either

CRITICAL

Applies to

Criminal appeal withdrawal

Before retained trial counsel may withdraw from a criminal appeal, counsel must prepare and file the specified notice, motion, affidavit, and orders.

Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following: 1. Notice of Appeal pursuant to Criminal Rule 12.04 and Civil Rule 73.02; 2. Motion, Affidavit and Order for leave to appeal In Forma Pauperis; 3. Order directing preparation of the transcript; and 4. Order substituting the Public Defender's Office as counsel on appeal.

CRITICAL

Applies to

Substantive motion

Substantive motions other than those heard ex parte must appear on the motion docket, except motions accompanied by a qualifying agreed order or a plaintiff's dismissal order when no adverse-party claims exist.

Every substantive motion, other than ones which may be heard ex parte, shall appear upon the motion docket; except that any motion which is accompanied by an agreed order signed by counsel for all parties affected by that order, or an order of dismissal by the Plaintiff in a matter in which there are no claims by adverse parties, shall not appear on the motion docket.

CRITICAL

Applies to

Pleading motion notice of filing agreement or order

Pleadings, motions, notices of filing, agreements, and orders must identify the represented party and provide correct mailing addresses and telephone numbers, subject to confidentiality for qualifying unrepresented parties.

All pleadings, motions, notices of filing, agreements and orders shall specifically state which party the attorney represents and set forth the correct mailing addresses and telephone numbers for the attorneys and parties, if unrepresented by counsel. If an unrepresented party is a victim of domestic violence or has approval from the Court for good cause shown, the information shall remain confidential.

CRITICAL

Applies to

Interrogatory or admission response

An answer to an interrogatory or request for admission must reproduce the corresponding question or request immediately before the answer.

When answering interrogatories or requests for admissions, the replying party shall, as part of his/her answer, set forth immediately preceding the answer, the question or request made with respect to which the answer is given.

CRITICAL

Applies to

Agreed order

An agreed order must identify the motion it resolves and state the terms of the agreement.

The agreed order shall refer to the motion resolved in the agreed order and set forth the terms of the agreement.

CRITICALCriminal cases

Counsel must state, and the defendant must agree on the record, that granting diversion waives the right to a speedy trial or disposition of the charge.

In applying for pretrial diversion, counsel for 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

Bond

Bonds must be submitted to the Master Commissioner and the Court for signature and approval with the fee payable to the Circuit Court Clerk.

All bonds shall be submitted to the Master Commissioner and the Court for signature and approval along with the fee payable to the Circuit Court Clerk.

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

Original pleading motion or other filed paper

Original pleadings, motions, and other filed papers must be signed by the attorney or party; a rubber stamp does not count as a signature on an original pleading or motion.

The original pleading, motion and any other paper filed in the record by counsel or party shall include the signature of the attorney or party. A rubber stamp shall not be deemed a signature on the original pleading or motion either under this rule or CR 11.

CRITICAL

Applies to

Affidavit for costs and attorneys fees

File an affidavit for costs and attorney’s fees with an appropriate order separate from the final judgment; the Court must approve the fees and costs.

An affidavit for costs and attorney's fees must be filed with the Court along with an appropriate order separate from the final judgment. Fees and costs are subject to approval by the Court.

CRITICAL

Applies to

Notice of related case

When the action is filed, the Court must be given notice of any related Dependency, Neglect and Abuse or Termination of Parental Rights case.

Upon the filing of an action, notice of any related Dependency, Neglect and Abuse and/or Termination of Parental Rights case, shall be given to the Court.

CRITICAL

Applies to

Notice electronic service

An attorney or party accepting fax or email service must file and serve a separate notice titled “NOTICE-ELECTRONIC SERVICE” that gives the correct email address or fax number and states the agreement to accept service in that action.

3. An attorney or party who will accept service via fax or email pursuant to CR 5.02 shall file such notice as a separate pleading and serve upon all parties. The notice shall be titled "NOTICE-ELECTRONIC SERVICE" and include the correct electronic mail address and/or facsimile number and set forth the agreement to accept service from the date of filing forward through such means. The written agreement shall be valid in only the court action in which it is filed and may be revoked by a subsequent written rescission filed as a separate pleading.

CRITICAL

Applies to

Default judgment motion

Except in cases involving the Master Commissioner, a party seeking default judgment where the specified Civil Rules apply must file a written motion that appears on the motion docket.

Except in cases involving the Master Commissioner, a party seeking a judgment by default, where Rules 55.01, 5.01, or 6.03 of the Civil Rules apply, shall file a written motion which must appear on the motion docket.