Boyd Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Protective order petition

The petitioner must complete and sign the petition under oath, and the authorized party must check, administer the oath, and sign and date the petition with the agency identified.

The Petitioner shall fully complete the Petition and present the same to the authorized party who shall: 1. Check the Petition for completeness, and if properly completed; 2. Administer an oath to the Petitioner affirming the truthfulness of the contents of the Petition; 3. Have the Petitioner sign the Petition; and 4. Sign and date the Petition, including agency under whose authorization they are empowered to act herein.

CRITICAL

Applies to

Complaint

A complaint filed with the Clerk must identify the plaintiff’s attorneys, include referenced affidavits and exhibits, and provide a copy for each defendant.

Complaints filed with the Clerk must contain the names of all attorneys representing the plaintiff; copies of all affidavits and exhibits referenced in the complaint; and sufficient copies to for each defendant named in the complaint.

CRITICAL

Applies to

Non resident attorney appearance or filing

An attorney who is not admitted to practice in Kentucky may appear or file a pleading or notice in an action in this Court only if he or she subjects himself or herself to the jurisdiction and rules of the Supreme Court of Kentucky, pays a one-time per case fee to the Kentucky Bar Association and engages a member of the association as co-counsel, whose presence shall be necessary at all trials and at other times when required by the court.

An attorney who is not admitted to practice in Kentucky may appear or file a pleading or notice in an action in this Court only if he or she subjects himself or herself to the jurisdiction and rules of the Supreme Court of Kentucky, pays a one-time per case fee to the Kentucky Bar Association and engages a member of the association as co-counsel, whose presence shall be necessary at all trials and at other times when required by the court.

CRITICALCriminal cases

Applies to

On record statement

For a pretrial diversion application, defense counsel must state on the record, and the defendant must agree on the record, to waive speedy-trial and speedy-disposition rights if diversion is granted.

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

Pretrial conference order

An order must be entered setting the time, date, and place of the pre-trial conference.

An Order shall be entered setting the time, date and place of conference

CRITICALCivil cases

Applies to

Guardian ad litem fee motion

A motion for payment of guardian ad litem fees must include a verified time affidavit.

Any motions for payment of Guardian Ad Litem fees must be submitted with a verified time affidavit.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must provide the Court with a written recommendation 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).

CRITICALCivil cases

Applies to

Pleading

Pleadings must provide the personal identifying information required by the cited Kentucky statutes.

All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICALCivil cases

Applies to

Notice of compliance

When parties exchange preliminary or final disclosure statements, objections, or a witness and exhibit list, they must file a notice of compliance with the Clerk confirming the exchange.

When parties are exchanging the preliminary disclosure statement and/or the final disclosure statement or objections thereto or list of witness and exhibits they must file a notice of compliance that the documents have been exchanged with the Clerk.

CRITICALCivil cases

Applies to

Joint motion

If the record remains open for evidence, the attorneys or parties must file a joint motion stating that the matter stands submitted to the Commissioner for a report and recommendation.

If the record is left open for the submission of evidence to the Domestic Relations Commissioner, then the attorneys and/or parties must file a joint motion that the matter now stands submitted to the Commissioner for report and recommendation.

CRITICAL

Applies to

Neighborhood canvassing request

Juror-related neighborhood canvassing or questioning requires prior court approval, and a permission request must provide the proposed questions, questioners’ identities, the scope of canvassing, and other relevant information.

Neighborhood canvassing or questioning with regard to jurors without the prior approval of the Court be and is hereby prohibited. Any request for permission to conduct neighborhood canvasses for information regarding jurors of the Boyd Circuit Court shall be accompanied by information as to the questions to be asked, the identity of the questioners, the extent of the canvassing and any and all other relevant information so that the Court may make an informed decision with regard to any infringement upon the right of privacy of individual jurors.

CRITICALCivil cases

Applies to

Transfer order

If related actions assigned to different divisions are transferred, both judges must sign the transfer order.

Where related actions are assigned to different Divisions, Judges may consolidate and/or transfer the actions to that Division of Court in which the first action was assigned. Both Judges must sign the Order transferring.

CRITICAL

Applies to

Motion

Except for routine motions, a motion must state its supporting legal authority after the attorney’s signature or in a separate memorandum.

g. All Motions, except routine Motions, shall state on the Motion following the signature of the attorney or on a separate memorandum the Statute, Civil Rules, Court Rules, or other authority (including cases) supporting the Motion or justifying the relief requested.

CRITICAL

Applies to

Protective order petition

The petitioner must complete and sign the Petition under oath, and the authorized party must check, sign, and date it with the authorizing agency identified.

The Petitioner shall fully complete the Petition and present the same to the authorized party who shall: 1. Check the Petition for completeness, and if properly completed; 2. Administer an oath to the Petitioner affirming the truthfulness of the contents of the Petition; 3. Have the Petitioner sign the Petition; and 4. Sign and date the Petition, including agency under whose authorization they are empowered to act herein.

CRITICALCivil cases

Applies to

In chamber interview request

A party requesting an in-chamber interview must give the Court a written explanation identifying the requested portion of the video record and the specific purpose of the request.

If an in-chamber interview is requested, the moving party must provide the Court a written explanation for the request which specifically indicates the portion of the video record being requested and the specific purpose for the request.

CRITICALCivil cases

Applies to

Protective order petition

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICALCivil cases

Applies to

Written reassignment order

When a judge is disqualified, the case must be reassigned by written order signed by the judges of both divisions.

In the event the Judges of the respective divisions are disqualified from trying such cases so assigned for the reason of being attorney of record, or other reasons, the case in which such Judge is so disqualified shall be reassigned, by written order, to the other Division. The written Order reassigning the case shall be signed by the Judges of each Division.

CRITICALCivil cases

Applies to

Adoption termination of parental rights case

When a termination-of-parental-rights case has a companion juvenile case, proof of Juvenile Court review must be filed in the adoption or termination case.

In cases involving the termination of parental rights in which there is a companion juvenile case, the proof of review by the Juvenile Court shall be filed in the adoption/termination of parental rights case pursuant to FCRPP 32(2).

CRITICALCivil cases

Applies to

Joint motion

If the record is left open for evidence or memorandums, the attorneys and/or parties must file a joint motion stating that the matter now stands submitted when the case is ready for submission.

A. If the record is left open for the submission of evidence and/or memorandums to the Court, then when the case is ready to be submitted, the attorneys and/or parties must file a joint motion that the matter now stands submitted to the Court.

CRITICALCriminal cases

Applies to

Written recommendation

If the Commonwealth recommends diversion, its written recommendations to the Court must include 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).

CRITICALCivil cases

Applies to

Pleading motion or other filing

Must include

case number

Every pleading, motion, and other paper filed with the Court must include the case number and the signing attorney’s or party’s typed or printed name, address, and telephone number.

Every pleading, motion and any other paper filed with the Court shall contain the case number, typed or printed name, address, telephone number of the attorney or party signing the paper.

WARNINGCivil cases

Applies to

Guardian ad litem appointment order

For a guardian ad litem appointment in a family court matter other than the stated termination-of-parental-rights matter, the Judge’s office will prepare an appointment order specifying each party’s percentage of financial responsibility.

If a guardian ad litem is appointed in a family court matter (not involving a termination of parental rights as requested by the Cabinet for Health and Family Services) an Order Appointing a Guardian ad Litem will be prepared by the Judge's office that specifies the percentage of financial responsibility of each party.

WARNINGCriminal cases

Applies to

AOC Form 347

after charges are filed, AOC Form 347, styled MOTION FOR PRETRIAL DIVERSION OF A CLASS D FELONY, which contains the Commonwealth's recommendation and is signed by the defendant, defense attorney, and the Commonwealth's Attorney, will be filed by the Commonwealth with the Circuit Court Clerk

after charges are filed, AOC Form 347, styled MOTION FOR PRETRIAL DIVERSION OF A CLASS D FELONY, which contains the Commonwealth's recommendation and is signed by the defendant, defense attorney, and the Commonwealth's Attorney, will be filed by the Commonwealth with the Circuit Court Clerk

INFOCriminal cases

Applies to

Diversion plan

The Committee recommends submitting the diversion plan to the Court as part of a plea agreement.

The Committee recommends the diversion plan be submitted to the Court as part of a plea agreement.

INFOCriminal cases

Applies to

Pretrial diversion application

The Committee recommends that defense counsel submit the diversion application to the Circuit Court and prosecutor at the same time.

It is recommended the defense attorney simultaneously submit an application to the Circuit Court and to the prosecutor.