Bourbon County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Evaluator report

The evaluator must report the possible services to the court.

The evaluator shall report the possible services back to the court.

CRITICALCriminal cases

Applies to

Order of termination

The judge must sign the Order of Termination on the prescribed form and attach a copy of the Affidavit of Violations.

An Order of Termination shall be signed by the judge on a form prescribed by BSW-MHC, and a copy of the Affidavit of Violations shall be attached.

CRITICAL

Applies to

Felony diversion motion

When applicable, a felony-diversion motion and proposed diversion order must be filed when the defendant’s plea is taken.

If applicable, a motion for felony diversion and proposed order of diversion shall also be filed at the time the defendant’s plea is taken.

CRITICALCriminal cases

Applies to

Agreement of participation

The defendant must sign the Agreement of Participation.

The defendant will sign the Agreement of Participation.

CRITICAL

Applies to

Temporary child support or maintenance motion

A motion for temporary child support or maintenance must comply with FCRPP 9(4).

A motion for temporary child support or maintenance shall comply with FCRPP 9(4).

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The Order of Diversion must address restitution, supervision and any applicable fees, duration, compliance with Probation and Parole rules, and the specified conduct and statutory conditions.

B . The Order of Diversion shall include : l . Restitution, if applicable. 2 . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3 . Duration of the diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5 . As required by KRS 533 .030 (1) [conditions of probation-restitution], direct the defendant not commit any offense during the period of the pretrial diversion. Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate.

CRITICAL

Applies to

Proposed judgment findings conclusions

When submitting a matter for decision, the parties must provide proposed judgments, findings, or conclusions consistent with the relief sought, plus an editable electronic version by electronic filing or email to the presiding judge’s staff attorney.

Upon submission of any matter to the Court for judgment or ruling, the parties shall prepare and provide to the Court proposed judgments, findings, and/or conclusions of law consistent with the relief sought from the Court. An electronic version of the proposed judgment, findings, and/or conclusions of law that may be edited shall be provided to the presiding judge through electronic filing or through email to the presiding judge’s staff attorney.

CRITICAL

Applies to

Filing served by certified mail

A filing served by certified mail must include completed certified-mail cards and return receipts, and the return card must show the Circuit Clerk's address.

Any filing to be served by certified mail shall include the completed certified mail cards and return receipts. The return card shall reflect the Circuit Clerk's address.

CRITICAL

Applies to

Adoption or termination of parental rights petition

Adoption petitions must be filed pursuant to KRS Chapter 199, and termination-of-parental-rights petitions pursuant to KRS Chapter 625.

All petitions for adoption shall be filed pursuant to KRS Chapter 199 and petitions for termination of parental rights shall be filed pursuant to KRS Chapter 625.

CRITICAL

Applies to

Preliminary verified disclosure statement

For the specified Pendente Lite motion, the parties must be prepared to provide the Court a completed disclosure statement when the motion is called.

The parties shall be prepared to provide a copy of a completed Preliminary Verified Disclosure Statement to the Court at the time the motion is called for consideration in setting maintenance or child support.

CRITICAL

Applies to

Attorney contact information

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

Upon appointment, initial appearance or as soon as practicable, all attorneys shall provide and maintain in the court file a correct electronic mail address or facsimile number.

CRITICAL

Applies to

Order for deed or distribution

When a Defendant was constructively served, an order for deed delivery or distribution of sale proceeds must be accompanied by a Court-approved bond of at least the higher of the property’s appraised value or sale price, except for constructively served unknown tenants or occupants.

In accordance with CR 4.11, in all cases where constructive service has been obtained on any Defendant, each Order for delivery of a deed to a party who has obtained Judgment in the action or the distribution of sale proceeds held by the Master Commissioner shall be accompanied by a bond, in a sum to be fixed by the Court at not less than the fair market value of the property, which shall be the appraised value or the sales price of the property, whichever is higher, and with surety to be approved by the Court. The bond shall not be required for those Defendants constructively served who are designated as unknown tenants or occupants.

CRITICAL

Applies to

Preliminary verified disclosure statement

When exchanging Form AOC-238, each party must certify that supporting documentation is available for the opposing party to inspect and copy at the requesting party's expense as of service.

B. Each party shall upon exchange of the Form AOC-238 Preliminary Verified Disclosure Statement certify that documentation supporting the information in the statement is available for the opposing party's inspection and copying at the requesting party's expense as of the date of service of the statement on the other party.

CRITICALCriminal cases

Applies to

Agreement of participation

The Agreement of Participation must state standardized requirements for each phase; changes to standard criteria require agreement of the parties.

The Agreement of Participation shall include standardized requirements for each phase of the program. The requirements may be altered on a case-by-case basis to suit the needs of the individual defendant. Any alteration of standard phase criteria must be done by agreement of the parties.

CRITICAL

Applies to

Settlement agreement

Every settlement agreement must have a Form AOC-238 Preliminary Verified Disclosure Statement for each party attached.

D. A Form AOC-238 Preliminary Verified Disclosure Statement for each party shall be attached to all settlement agreements.

CRITICAL

Applies to

Joint verified statement and order

When the parties have a minor child, they must submit a joint verified statement and order specifying the health-insurance obligation, which may be stated in the settlement agreement; the court must order coverage when reasonably available.

E. When the parties have a minor child, pursuant to KRS 403.212, a court shall order health insurance coverage when reasonably available. Therefore, parties shall also submit a joint verified statement and order that includes specific language setting forth this obligation. This requirement may be set forth in the settlement agreement.

CRITICAL

Applies to

Final pretrial conference filings

If the conference is designated as the final pretrial conference, the listed motions, stipulations, trial materials, objections, and other necessary matters must be timely filed for consideration at that conference.

If a pretrial conference is designated as the “final pretrial conference” the following shall be timely filed to be addressed at said final pretrial conference: 1. Motions in Limine; 2. Stipulations of any facts or law; 3. Dispositive Motions; 4. Proposed Jury Instructions; 5. Witness and Exhibit Lists; 6. Trial Depositions; 7. Objections to any expert reports or testimony to be used at trial; 8. All other matters deemed necessary by the Court to be addressed prior to trial.

CRITICALCriminal cases

Applies to

Affidavit of violations

Mental Health Court staff must file a written Affidavit of Violations requesting termination.

Mental Health Court staff shall file a written Affidavit of Violations requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Applies to

Order of referral

Plaintiff's counsel must prepare and file AOC form 141S, Order of Referral, in conjunction with payment of the JSAF.

Counsel for Plaintiff shall be responsible for preparation and filing AOC form 141S, Order of Referral, required in conjunction with payment of the JSAF.

CRITICAL

Applies to

Court notice

The notice must state that it does not order foster parents to appear and explain their rights to notice, appearance, and an opportunity to be heard.

The notice shall specifically state that the notice is not an order for the foster parents to appear, but rather that they have a right to notice of the proceeding and a right to appear and an opportunity to be heard at the proceedings.

CRITICAL

Applies to

Plea entry motion

A motion to enter a guilty plea or an Alford plea must be filed when the Court takes the plea.

A motion to enter the guilty plea or plea pursuant to North Carolina v. Alford shall be filed at the time the defendant’s plea is taken by the Court.

CRITICAL

A Commonwealth offer or a declination to make an offer must be provided in writing by the first post-arraignment status conference.

Commonwealth on or before the first status conference post arraignment or a declination to make an offer must be provided in writing.

CRITICALCriminal cases

Applies to

Order of diversion

A referral to Mental Health Court using local diversion procedures may be made only after an order of diversion has been entered.

An order of diversion: referral to Mental Health Court may be made utilizing approved local diversion procedures but only after an order of diversion has been entered.

CRITICALCriminal cases

Applies to

Phase promotion letter

If service adjustments occurred within 30 days before phase promotion, the participant must write the court a short letter explaining why they believe they qualify.

The Judge may delay phase promotion if service adjustments were made during the 30 days prior to phasing up. Participant must write a short letter to the court explaining why they believe they are qualified for the phase promotion if any service adjustments occurred within the previous 30 days.

CRITICAL

Applies to

Motion for compensation

Compensation submissions must use the appropriate FAC form and include an affidavit and documentation of the appointment basis, services and fee request, and disposition.

Motions for compensation shall be accompanied by affidavit; the appropriate FAC form shall be used in lieu of a separate motion. Submitted documentation shall include: 1. The statutory basis for appointment; 2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee request; and 3. That the action or proceeding has been concluded and date of disposition.

CRITICAL

Applies to

Order decree judgment form or settlement agreement

Filings of documents to be incorporated by reference into the final order must include an original, sufficient copies for entry and service, and sufficient stamped, addressed envelopes.

All filings of any order, decree, judgment, form or settlement agreement to be incorporated by reference into the final order, shall include an original and the appropriate number of copies to be entered and served upon each party, and shall include an appropriate number of stamped and properly addressed envelopes for service upon each party.

CRITICAL

Applies to

Stay motion

A motion and hearing request for a stay must be supported by an affidavit stating how military service affects the defense and providing the specified military and residence information.

A motion and a request for a hearing for a stay of proceedings shall be supported by an affidavit containing specific reasons why the military defendant's service materially affects his ability to conduct his defense. C. The affidavit shall include the following information: 1. Present duty station and expected duration of present military assignment. 2. Residential address if different from duty station address. 3. Accrued leave to which defendant is entitled and number of days of leave which accrue to the defendant each month. 4. Any other information of a similar nature which would affect the defendant's ability to defend the action.

CRITICAL

Applies to

Offer sheet

An offer sheet must clearly state any charge amendments or dismissals and the basis for them.

The offer sheet shall be legible and shall clearly set out any amendments to charges or dismissal of charges and the basis for the amendments and/or dismissals.

CRITICALCriminal cases

Applies to

Ineligibility notice

For an ineligible defendant, staff must notify the referring judge in writing using the prescribed form, and the evaluator must include the reasons for ineligibility.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by BSW-MHC. The evaluator will include reasons as to the candidate's ineligibility.

CRITICAL

Applies to

Motion to enter decree

When the parties have resolved all issues by settlement and submit proof by written deposition, the decree motion may be submitted directly to the Court with the specified documents, including Form AOC-238, which cannot be waived by agreement.

C. Where proof is submitted by deposition upon written questions and the parties have executed a settlement agreement resolving all issues, a motion to enter a decree need not be placed upon the Court's docket but may be submitted directly to the Court in the form of a Motion to Submit with an Order to Submit, and include a deposition upon written questions, Findings of Fact and Conclusions of Law, Decree of Dissolution, original copy of the settlement agreement, both parties' Form AOC-238 Preliminary Verified Disclosure Statement, a completed child support worksheet signed by both parties, if applicable, and a Form AOC-152 Uniform Child Support Order and/or Wage/Benefit Withholding Order for Kentucky Employers, if applicable. Parties may not waive by agreement submission of the Form AOC-238 Preliminary Verified Disclosure Statement.

CRITICAL

Applies to

Petition and court record

CHFS must file custody judgments with the petition and file the specified child safety and case-planning materials in the court record after filing.

C. The CHFS shall file with the petition any judgments of custody relating to the removed Subsequent to the filing of the petition the CHFS shall file in the court record all safety, child and any previously developed prevention or safety plans relating to the child. prevention and case plans in compliance with FCRPP 29.

CRITICAL

Applies to

Motion

Motions must use the specified notice-first format and state the requested relief, supporting grounds and authority, and any proof required at filing; omission of grounds and citations may result in denial.

All motions shall be titled NOTICE - MOTION (or NOTICE - FILING, if more applicable). The NOTICE setting forth the date and location of the proceeding shall appear first, followed by MOTION (or FILING, if more applicable) which shall state with specificity the relief or order requested, a statement of the grounds for the relief or order with appropriate citations to supporting authority and any proof including affidavits in support of the relief required at the time of filing. Failure to file a statement of grounds with citations to supporting authority may be cause for overruling or denying the Motion.

CRITICAL

Applies to

Motion for appointment of guardian ad litem

Must include

proposed order

When appointment of a GAL is required in an adoption or termination action, counsel must file a separate motion and tender an appointment order.

Counsel shall make by separate motion and tender an order for the appointment of a Guardian ad Litem (hereinafter GAL) in all actions for adoption or termination of parental rights which require the appointment of a GAL.

CRITICAL

The parties must continue to inform the Family Court of related cases in any jurisdiction or state that could affect the current proceeding.

C. The parties shall have a continuing duty to inform the Family Court of any related cases in this or any other jurisdiction or state that could affect the current proceeding.

CRITICAL

Applies to

Order of referral

Submit AOC form 141S after the Master Commissioner reviews and approves the JSAF; the Court will not enter the Order of Referral until the JSAF is entered.

AOC form 141S, Order of Referral, shall be submitted to the Court after the Master Commissioner has reviewed and approved the JSAF, which Order shall not be entered by the Court until the JSAF is entered.

CRITICAL

Applies to

Settlement agreement

A settlement agreement must attach the Preliminary Verified Disclosure Statement and state that it is adopted as final and objections are waived.

however, the Preliminary Verified Disclosure Statement, AOC-238, shall be attached to the settlement agreement and the agreement shall include language specifically adopting it as final and waiving any objections.

WARNING

Applies to

Trial brief

The Court may require each party to file a trial brief summarizing the facts and law the party will rely on, with the filing time set in the pretrial order.

The Court may require each party to submit a trial brief, consisting of a short memorandum of his/her view of the facts and law on which s/he will rely, and if so, the Court shall fix the time for filing such briefs in the pretrial order.

WARNING

Applies to

Proposed findings conclusions and judgment

In contested proceedings or matters under submission, the Court may ask all attorneys to provide proposed findings, conclusions, and judgment for its information and guidance.

D. In contested proceedings or other matters under submission, the Court may request that all attorneys submit proposed findings of fact, conclusions of law, and judgment. This is not intended to delegate the Court's decision making power, but will be used solely for information and as a guide.

WARNING

Applies to

Notice to foster parent or caregiver

The notice must state that it does not order the parents to appear and that they have a right to notice, to appear, and to be heard.

The notice shall specifically state that the notice is not an order for the parents to appear, but rather that they have a right to notice of the proceeding and a right to appear and an opportunity to be heard at the proceedings.

WARNING

Applies to

Agreed order to continue final hearing

Agreed orders to continue Final Hearings will not be considered.

Agreed orders to continue Final Hearings are not appropriate and will not be considered by the

WARNINGCriminal cases

Applies to

Medical proof of need

The judge may approve an alternate form of testing in extraordinary circumstances when medical proof of need is provided.

Alternate forms of testing may be approved by the judge in extraordinary circumstances with medical proof of need provided.

WARNING

Applies to

Subsequent summons

Each subsequent summons issued for an unserved respondent must include a copy of the petition until initial service is accomplished.

In cases where the respondent is unserved, attempts to serve shall continue as provided in statute and the Circuit Clerk shall attach a copy of the petition to each subsequent summons issued for respondent until initial service is accomplished.

WARNING

Applies to

Status summons

The Circuit Clerk must attach a copy of the Status petition to every Status summons.

The Circuit Clerk shall attach a copy of the Status petition to all Status summonses.

WARNING

Applies to

Separate written order

When the Court has not ordered a separate written order and no required AOC form applies, the calendar or docket sheet order is official and unsolicited tendered orders will not be entered.

If the Court does not order a separate written order to be tendered by a party and the order is not otherwise an official AOC form the use of which is required by the FCRPP, the calendar sheet or docket sheet order will be the official order and no unsolicited tendered order will be entered.

WARNING

Applies to

Waiver

The waiver must address keeping the Court informed of changes to the party's address or phone number.

Said waiver shall contain the keep the Court apprised of any changes in address or phone number.

WARNINGCriminal cases

Applies to

Order of termination

For an absconding participant, the judge may sign an Order of Termination using the prescribed form, with a copy of the Affidavit of Violations attached.

An Order of Termination may be signed by the judge on a form prescribed by BSW-MHC, and a copy of the Affidavit of Violations shall be attached.

WARNING

Applies to

Order decree judgment form or settlement agreement

The clerk may hold noncompliant tendered documents until the required copies and envelopes are provided, and the Court may impose sanctions for noncompliance.

In the event the attorney or party does not include the required number of copies and/or stamped addressed envelopes at the time tendered, the clerk may hold the order, decree, judgment, form or settlement agreement until compliance with this rule. Further, the Court may impose sanctions upon an attorney or party for failure to comply with this rule.

WARNING

Applies to

Original pleading

Copies of every case cited in a legal brief, memorandum, or the body of a motion must be attached to the original pleading filed with the court.

Copies of all cases cited within legal briefs, memoranda or the body of the motion shall be attached to the original pleading filed in the court file.

WARNING

Applies to

Waiver

A party choosing not to have counsel must sign and acknowledge the party's correct address and phone number.

A party who chooses not to be represented by counsel shall sign and acknowledge party's correct address and phone number.

WARNING

Applies to

Temporary child support or maintenance

When the County Attorney is an intervening party, wage information from an employer or state data system may be used instead of the three required pay stubs.

D. If the County Attorney is an intervening party, wage information obtained directly from employer or state data system may be used to set support in lieu of the three (3) pay stub requirement.