Bourbon County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Judgment or order

Covered judgments or orders must be submitted to the Master Commissioner in advance for review and certification; after approval, sufficient copies and self-addressed stamped envelopes must be submitted for delivery to the Court.

In addition to the requirements of these Local Rules, all Judgments or Orders directing the sale of property by the Master Commissioner, directing the disbursement of monies held by the Master Commissioner, or directing the delivery of a deed shall be submitted to the Master Commissioner in advance for review and certification that it complies with AP Part IV and any other applicable rules and statutes. Upon approval, a sufficient number of copies along with self-addressed stamped envelopes shall be submitted to the Master Commissioner who shall then deliver the Judgment or Order to the Court for approval and entry.

CRITICAL

Applies to

Distribution order

Orders distributing funds held by the Master Commissioner must state all amounts collected, identify each proper recipient, and specify the amount due to each.

All Orders requiring distribution of funds held by the Master Commissioner shall set forth all amounts collected, identify the proper recipient(s) and the specific amounts due under the Judgment or Order.

CRITICAL

Applies to

Mandatory disclosure requirements

The parties may not mutually waive the mandatory disclosure requirements without leave of Court for good cause shown.

E. The parties may not mutually waive these requirements without leave of Court for good cause shown.

CRITICAL

Applies to

Motion response

A response opposing a motion must state the grounds for opposition and cite supporting authorities.

shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities.

CRITICAL

Applies to

Court file

Attorneys practicing in the Juvenile Division must provide and maintain a correct email address or fax number in the court file upon appointment, initial appearance, or as soon as practicable.

D. Upon appointment, initial appearance or as soon as practicable, all attorneys practicing in the Juvenile Division of Family Court shall provide and maintain in the court file a correct electronic mail address or facsimile number.

CRITICAL

Applies to

Custody judgment

The petitioner has an ongoing duty to locate and file with the Court any custody judgments relating to the named child.

The petitioner has an ongoing responsibility to locate and file with the Court any judgments of custody relating to the named child.

CRITICALCriminal cases

Applies to

Listed mental health court documents

BSW-MHC staff must file copies of the listed Mental Health Court documents with the appropriate clerk; other Mental Health Court documents must remain confidential and under seal.

Upon utilization of any of the following documents, a copy of such documents shall be filed by BSW- MHC staff with the appropriate court clerk for entry into the court record of the underlying criminal offense. All other Mental Health Court documents shall be kept confidential and under seal: 1. Order referring to Mental Health Court; 2. Notice of Eligibility; 3. Order transferring to Mental Health Court; 4. Affidavit of Violations; and 5. Orders of Termination, graduation, or administrative discharge.

CRITICAL

Applies to

Report

If the report concerns multiple siblings, the Cabinet must provide the Circuit Clerk a copy for each child’s file.

C. If there are multiple siblings to whom the report refers, the Cabinet shall provide to the Circuit Clerk a copy of the report for each child's file.

CRITICAL

Applies to

Settlement agreement

Settlement agreements must be written and signed by all parties and their counsel, if any, within ten working days.

All settlement agreements must be in writing and signed by all parties and their counsel, if any, within ten (10) working days.

CRITICAL

Applies to

Family court proceeding

Dissolution, legal-separation, and marriage-invalidity proceedings must use the specified marriage title; custody and support proceedings must use the specified custody or support title.

2. As set forth in KRS 403.130(2), a proceeding for dissolution of marriage, legal separation or declaration of invalidity of marriage shall be entitled "IN RE THE MARRIAGE OF .... .." A custody or support proceeding shall be entitled IN RE THE (CUSTODY) (SUPPORT) OF .

CRITICALCriminal cases

Applies to

Confidentiality agreement

Mental Health Court team members must sign a confidentiality agreement.

Due to the treatment component of Mental Health Court, team members shall sign a confidentiality agreement.

CRITICALCriminal cases

Applies to

Order of termination and affidavit of violations

The circuit clerk must file the Order of Termination and Affidavit of Violations in the official record.

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

CRITICAL

Applies to

Notice of related cases

The petitioner must file a notice of related cases, if any, when filing the initiating pleading.

A. At the time the initiating pleading is filed, Petitioner is required to file with the Court a notice of related cases, if any.

CRITICALCriminal cases

Applies to

Affidavit of administrative discharge

If the team finds administrative discharge appropriate, BSW-MHC staff must complete an Affidavit of Administrative Discharge for the judge.

If BSW-MHC team determines that administrative discharge is appropriate, BSW-MHC staff shall complete an Affidavit of Administrative Discharge to provide to the judge.

CRITICAL

Applies to

Tendered order judgment or decree

Tendered orders, judgments, and decrees must include the presiding Judge’s signature line and the specified court identification.

Tendered orders, judgments and decrees shall include a signature line for the presiding Judge and be prepared as follows: JUDGE _ (name of Judge) CIRCUIT COURT, DIVISION III FAMILY COURT

CRITICAL

Required language addresses the priority and payment of current and delinquent property taxes from foreclosure proceeds and states that the specified taxing districts need not be named, respond, or appear.

Language reflecting the priority of and request to pay all taxes for the current tax year which become due prior to the date of sale and all outstanding delinquent real property taxes without necessity of including the appropriate taxing districts as a party, which taxes shall be collected and paid from the foreclosure proceeds. The taxing districts of the respective counties of Bourbon, Scott and Woodford, inclusive of cities contained therein, shall not be named as parties or be required to file any response nor make any appearance in foreclosure actions in order to protect their specific claim for the payment of all unpaid real property taxes. Any ad valorem taxes that are currently due as of the date of the sale or delinquent at the time of sale shall be paid out of the proceeds of sale regardless of the entity that is owed those taxes.

CRITICAL

Applies to

Referral order

Use AOC-141S or AOC-141SP for judicial-sale referrals and AOC-141 for all other referrals to the Master Commissioner.

For judicial sales referred to the Master Commissioner, the AOC-141S (Order Referring Case to Master Commissioner for Judicial Sale) or the AOC-141SP (Order Referring Case to Special Master Commissioner for Judicial Sale), shall be utilized. For all other matters referred to the Master Commissioner, the AOC-141 (Order Referring Case to Master Commissioner) shall be utilized.

CRITICAL

Applies to

Distribution order

For disbursements to taxing authorities or third-party tax-bill purchasers, the pertinent tax bills must be furnished to the Master Commissioner and included in the related Order of Distribution.

For all disbursements to be made to taxing authorities or third-party purchasers of tax bills, a copy of the pertinent tax bill(s) shall be furnished to the Master Commissioner and set forth in the Order of Distribution relating to such sale.

CRITICAL

Applies to

Motion for compensation

The appropriate FAC form must be used instead of a separate motion for compensation.

Motions for compensation shall be accompanied by affidavit; the appropriate FAC form shall be used in lieu of a separate motion.

CRITICALCriminal cases

Applies to

Notice of termination by administrative discharge

If the judge agrees with the accommodation, the judge must complete a Notice of Termination by administrative discharge.

If the judge agrees with the accommodation, the judge shall complete a Notice of Termination by administrative discharge on a form prescribed by BSW-MHC and refer the case back the sentencing judge.

CRITICAL

Applies to

Brief or memorandum

Briefs or memoranda relying on depositions must attach copies of the relevant deposition portions for the Court and counsel.

Copies of the relevant portions of depositions relied upon in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.

CRITICAL

Applies to

DNA Form 12

The child’s most recent report card and school behavior record must be attached to DNA Form 12.

B. A copy of the child's most recent report card and school behavior record shall be attached to the DNA Form 12.

CRITICAL

Applies to

Certificate of service

Must include

certificate of service

A certificate of service must list each person served's mailing address, telephone number, and any email or fax number of record, except that the information may be kept confidential in domestic violence actions.

The Certificate of Service shall include the mailing address, contact telephone number and contact email and/or facsimile number, if provided of record, for all persons served, except in domestic violence actions where the information may be held confidentially.

CRITICAL

Applies to

Order confirmation

The confirmation order must be submitted with sufficient copies and prepaid envelopes, and the Master Commissioner must submit it with the deed for Court approval and entry.

an order confirming the sale with sufficient copies and postage prepaid envelopes, shall be submitted by the Plaintiff or moving party to the Master Commissioner within twenty (20) days after the filing of the Report of Sale, who shall submit same along with the Deed conveying the subject property for approval and entry by the Court.

CRITICAL

Applies to

Motion for sale

The party moving for sale must set out in the record all outstanding tax and assessment amounts, including payoffs through confirmation and payment of the purchase price.

It shall be the requirement of the party moving for the sale to properly set forth in the record all outstanding amounts due for taxes and assessments, with payoffs through the date of confirmation of sale, and payment of purchase price.

CRITICAL

Applies to

Proposed order

A proposed order must be provided to all adverse parties for endorsement as having been seen.

The proposed order shall than be provided to all adverse parties for endorsement as being “have seen”.

CRITICAL

Applies to

Application for appointment

An application for appointment as a Guardian ad Litem or other appointed counsel must be submitted on the appropriate form to the Family Court.

Application for appointment as a Guardian Ad Litem (hereinafter GAL) or other appointed counsel is to be made by submitting the appropriate form to the Family Court

CRITICAL

Applies to

Preliminary verified disclosure statement

The Preliminary Verified Disclosure Statement may never be waived.

A Preliminary Verified Disclosure Statement, Form AOC-238, shall never be waived.

CRITICAL

Applies to

DNA Form 12

At the dispositional hearing, the Cabinet must provide the FCRPP 28 information in a completed DNA Form 12 and explain any separation of siblings.

A. At the dispositional hearing the Cabinet shall provide the Court with the information required pursuant to FCRPP 28 by completing DNA Form 12, a pre-disposition investigation report. In addition, if the siblings have been separated, the Cabinet shall explain the reasons for the separation.

CRITICAL

Applies to

Brief or memorandum

Briefs or memoranda citing out-of-state authorities, unpublished Kentucky cases, or federal cases must attach copies for the Court and counsel.

Copies of out-of-state authorities, unpublished Kentucky cases, or federal cases cited in briefs to the Court shall be attached to the briefs or memorandum for the Court and counsel.

CRITICAL

Applies to

Written tax payoffs

The party moving for sale must obtain written tax-entity payoff statements through confirmation of sale and delivery of the deed and file them in the court record.

It shall be the responsibility of the party moving for the sale to obtain appropriate written payoffs from the tax entities through date of confirmation of sale and delivery of deed, which payoffs shall be filed in the Court record;

CRITICALCriminal cases

Applies to

Notice of eligibility

If the defendant refuses to sign the Agreement of Participation, staff must notify the referring judge using the prescribed Notice of Eligibility form.

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice of Eligibility form prescribed by BSW-MHC.

CRITICAL

Applies to

Filing

Must include

certificate of service

A filing must be accompanied by either a motion or notice of filing with a certification of service, except for properly marked exhibits introduced at a hearing.

No document shall be filed in the Court record unless the document is accompanied by a proper motion with a certification of service upon the opposing parties that the motion and its attachments have been properly served on all parties or the document is accompanied by a notice of filing of said document with a certification of service that the document has been properly served on all parties. Exhibits properly marked and introduced in a Court hearing are an exception.

CRITICAL

Applies to

Mobile home or trailer sale terms

A mobile home or trailer licensed or taxed as a motor vehicle must not be included in the real-estate sale or transferred through the Master Commissioner sale; title passes through the deed only if it is permanently affixed to the real estate.

If a mobile home or trailer is situated upon the real property which is the subject of the foreclosure action, it shall not be sold as a part of the real estate if the mobile home or trailer is licensed and/or taxed as a motor vehicle, and in such event, title to any such mobile home or trailer shall not be transferred by a Master Commissioner sale. Only if the mobile home or trailer is permanently affixed to the real estate, shall title to same pass via a Master Commissioner's Deed.

CRITICALCriminal cases

Applies to

Order of termination

The district or circuit clerk must file the Order of Termination in the official record.

The Order of Termination shall be filed in the official record by the district/circuit clerk.

CRITICAL

Applies to

Order

Orders on motions for distribution must be submitted to the Master Commissioner for review and approval with the required copies and postage-paid envelopes.

Motions for distribution of cancelled sale costs or for distribution of costs of sale shall be filed within ten (10) days immediately following the filing of the Report of Sale or Cancelled Sale and shall be noticed at the convenience of the Court, with all Orders to be submitted to the Master Commissioner for review and approval, along with appropriate number of copies for the Court, Master Commissioner, and parties on the Certificate of Service and postage paid envelopes.

CRITICAL

Applies to

Objections to preliminary verified disclosure statement

Objections must be exchanged 20 days thereafter and may not be filed in the record unless the Court orders it.

and objections thereto shall be exchanged twenty (20) days thereafter and shall not be filed in the record unless ordered by the Court.

CRITICAL

Applies to

DUI guilty plea form

A DUI guilty plea form must be filed in the record whenever the defendant pleads guilty to driving under the influence.

A DUI guilty plea form shall also be filed in the record in any matter in which the defendant pleads guilty to driving under the influence.

CRITICAL

Applies to

Settlement agreement

Each party entering a settlement agreement must attach a completed Preliminary Verified Disclosure Statement for the Court’s conscionability review.

If the parties enter into a settlement agreement, each shall attach to the agreement a copy of a completed Preliminary Verified Disclosure Statement, Form AOC-238 for consideration by the Court assessing the conscionability of the terms of the agreement.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit 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 clerk.

CRITICAL

Applies to

Petition

A petition in a dissolution or custody action must include the summons to be served on all necessary parties.

All petitions filed in dissolution or custody actions shall include the summons to be served on all necessary parties.

CRITICAL

Applies to

Judgment or order

Must include

certificate of service

Judgments or orders directing the Master Commissioner to sell property or execute or deliver a deed must include the specified property, title, signature, service, attorney-contact, and copy information.

Every Judgment or Order of the Circuit Court directing the Master Commissioner to sell property or to execute or deliver a deed shall contain: 1. The legal description of the property including a street address (or if it has no street address, a brief description of its location and size), along with any number(s) assigned to the property/parcel by the tax assessor for purposes of identification and record keeping such as the parcel or property identification number; 2. The name of the party or parties whose interest is being sold or conveyed; 3. The source of the party or parties’ title, with deed book, page number and date of deed or recording date of deed and/or Affidavit of Descent or Will Book and Page number if property is inherited; 4. A signature and date line for the Master Commissioner; 5. A prepared by signature line of the attorney submitting the order; 6. A certificate of service by the Circuit Court Clerk; 7. Email address, physical address, and phone number of attorney submitting document; 8. Appropriate number of copies for the Court and all parties including submitting attorney and Master Commissioner;

CRITICAL

Applies to

Proceeding on docket

A calendared proceeding may not be removed without the Family Court Judge’s prior approval, and a proceeding may not be placed on the docket without proper written pleadings or authorization from the Judge or Family Court Office.

F. The docket for calendared proceedings in each respective county is controlled by the Family Court Judge. No calendared proceeding shall be removed from the motion docket or hearing docket, without prior approval of the Family Court Judge and no proceeding may be placed on the docket without the proper written pleadings, or other authorization of the Family Court Judge or Family Court Office.

CRITICALCriminal cases

Applies to

Confidentiality agreement

Non-team members can be allowed to attend the staffing, but only upon approval by judge and after signing a confidentiality agreement.

Non-team members can be allowed to attend the staffing, but only upon approval by judge and after signing a confidentiality agreement.

CRITICALCriminal cases

Applies to

Notice of eligibility

After the assessment, Mental Health Court staff must complete a Notice of Eligibility using the form prescribed by BSW-MHC.

After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility on a form prescribed by BSW-MHC.

CRITICAL

Applies to

Default judgment motion

Said motion must be accompanied by a certificate of the attorney indicating that no papers have been served upon him by the party in default and that the party in default is not an active duty member of the United States Military.

Said motion must be accompanied by a certificate of the attorney indicating that no papers have been served upon him by the party in default and that the party in default is not an active duty member of the United States Military.

CRITICALCriminal cases

Applies to

Order of contempt

A judge may refer a person charged with contempt to Mental Health Court instead of incarceration only after an order of contempt has been entered.

An order of contempt of court: any judge may refer a person charged with contempt of court to Mental Health Court in lieu of being incarcerated on the contempt charge, but only after an order of contempt has been entered.

CRITICAL

Applies to

Discovery motion

The moving party must attach counsel's certification that an attempt to resolve the dispute was made and was unsuccessful.

The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so.

CRITICAL

Applies to

Pretrial order

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulations of the parties in any matter designated by the Court not later than ten (10) days following the pretrial conference.

CRITICAL

Submit self-addressed stamped envelopes for all parties, the submitting attorney, and the Master Commissioner.

Self-addressed stamped envelopes for all parties including the submitting attorney and the Master Commissioner;