Boyle Circuit Court Document Filing Requirements

CRITICAL

Applies to

Parent education class objection

A party objecting to a parent education class must file a written objection in the record before the scheduled hearing.

If a party objects to parent education class; he or she shall file a written objection into the record prior to the scheduled hearing.

CRITICAL

Applies to

Request for sale

As of January 1, 2023, every request for sale must include a new AOC Form 141S.

12.6 As of 1/1/2023, every request for sale requires entry of new AOC form 141S and payment of a $200 judicial sale administrative fee to the clerk before the master commissioner schedules a sale. See AP Part IV, eff. 1/1/23.

CRITICAL

Applies to

Disclosure statement

Without a written waiver, parties are expected to file all disclosures required by the FCRPP.

Absent such writing; the Court expects the parties to file any and all disclosures as provided by the FCRPP.

CRITICAL

Applies to

Disposition hearing submission

At a disposition hearing, CHFS must provide the information required by FCRPP 28 using form DNA 12 and explain any separation of siblings.

At a disposition hearing, CHFS shall provide the Court with all information as required by FCRPP 28 by completing form DNA 12. Additionally, if siblings have been separated, CHFS shall explain the reasons for said separation.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must submit a written recommendation to the Court for each application.

The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .

CRITICAL

Applies to

Pretrial compliance statement

When a jury trial is requested, the Pretrial Compliance Statement must include the listed information, including mediation status, stipulations, disputed issues and authorities, discovery status, witnesses, exhibits, special damages, and proposed jury instructions.

When a jury trial is requested, a Jury Trial Order shall be entered by the Court directing the parties to furnish to the Court and each other at least one week prior to trial a Pretrial Compliance Statement containing the following: 1. A statement of the kind of action and a report on the status of mediation efforts; 2. Stipulations; 3. A statement of disputed issues with citation of authorities; 4. A confirmation that discovery is completed, or if not completed, the probable completion date; 5. A list of expected witnesses and brief summary of their testimony; 6. A separate list of expert witnesses and brief summary of their testimony; 7. A list of marked exhibits; 8. A list of all special damages and supporting documents; and 9. Proposed Jury Instructions.

CRITICAL

Applies to

Dependency neglect abuse or status offender petition

Petitions in these cases must substantially comply with requirements to cite the relevant statutes and jurisdictional facts and provide the parents' or guardians' contact information.

Any dependency, neglect, abuse or status offender petition filed with this Court shall substantially comply with the following conditions: - 1. Citation to specific statute(s) and factual allegations relied upon in asserting the Court's jurisdiction; and - 2. Contact information of child's parents or guardians.

CRITICAL

Counsel must remain of record through the time to appeal unless relieved by the Court on written motion and notice, with a copy of the motion served on the client.

Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.

CRITICAL

Applies to

Withdrawal or abatement of judicial sale

Withdrawal or abatement of a judicial sale after entry of judgment and order must be made by motion and order before the sale date and time.

Withdrawal or abatement of any judicial sale after entry of Judgment and Order thereon shall be made by motion and Order prior to the date and time of the sale.

CRITICAL

Applies to

Proposed judgment for order of sale

The party requesting an Order of Sale must prepare the proposed judgment in accordance with applicable law and the Local Rules.

12.1 Proposed Judgments for Orders of Sale shall be prepared by the party requesting same and in accordance with the provisions of applicable law and these Local Rules.

CRITICAL

Applies to

Judgment for order of sale

A judgment for an Order of Sale must include a “Have Seen” line for the Master Commissioner’s signature.

12.2 Judgments for Orders of Sale to be conducted by the Master Commissioner shall be submitted for his/her review with a "Have Seen" line for his/her signature, not less than five (5) days prior to any hearing before the Court.

CRITICAL

Applies to

Final custody order or dissolution decree

When parent education is ordered, the Court cannot enter a final custody order or dissolution decree until a party completes the class and proof is filed in the record.

If parent education is ordered in a case, the Court may not enter a final custody order or decree of dissolution of marriage until at least one of the parties completes the class and proof of completion is filed into the record.

CRITICAL

Applies to

Motion

Must include

proposed order

Such a motion may be filed to be heard at the convenience of the Court and accompanied by a proposed order.

Such a motion may be filed to be heard at the convenience of the Court and accompanied by a proposed order.

CRITICAL

Applies to

Dependency neglect abuse petition

The original of each filed dependency, neglect, or abuse petition must be filed in the Clerk's Office.

A copy of all dependency, neglect and abuse petitions filed shall be forwarded to the County Attorney and his or her assistant assigned to prosecute dependency, neglect and abuse actions and the original shall be filed in the Clerk's Office.

CRITICAL

Applies to

Adoption or termination proceeding

The Court may require the petitioner to notify the Cabinet of a termination or adoption petition, and the Court may not hold the final hearing until the Cabinet files its required reports or has had sufficient time to file them and failed to do so.

The Court may require that the Cabinet for Health and Family Services be notified by the Petitioner in any termination of parental rights or adoption proceeding that a petition has been filed so that the Cabinet may comply with the reporting requirements of FCRPP 33(1). Pursuant to FCRPP 33(1), the Court may not proceed with a Final Hearing until such time as the Cabinet has filed their required report(s) or had sufficient time and failed to file same.

CRITICAL

Applies to

Decree

If the parties waive disclosure requirements, the waiver must be referenced in their Decree of Dissolution of Marriage.

If parties so elect to waive the disclosure requirement, it shall be so referenced in the parties’ Decree of Dissolution of Marriage.

CRITICAL

Applies to

Disclosure statement

Parties involved in divorce litigation are required to file disclosure statements unless the disclosure requirement is waived as permitted by the Court’s rules.

FCRPP 2(3) and 3(3) require parties involved in divorce litigation to file disclosure statements.

CRITICALCriminal cases

Applies to

Order of diversion

A diversion order must include the listed restitution, supervision, duration, conduct, testing, weapon, and other conditions, as applicable.

The Order of Diversion shall include.- 1. Restitution, if applicable . [Made mandatory by KRS 533.254 where victim has suffered monetary damage] . 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 to 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 . 6. That the petitioner remain drug and alcohol free and be subject to random testing . 7 That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 8. That the petitioner possess no firearm or any other deadly weapon . 9. Such other terms and conditions as the Court shall deem appropriate, including, but not limited to, public service work and touring of a facility .

CRITICAL

Applies to

Eco petition

During the specified working hours, persons seeking an ECO must go to the appropriate District Clerk's Office to complete an ECO Petition and affidavit.

During normal working hours, 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding normal holidays, persons seeking an ECO shall come to the District Clerk's Office of the County where the child is found or resides to complete an ECO Petition and ECO affidavit.

CRITICAL

Applies to

Order

Only one order may be tendered for the Court’s signature.

The Court requires that only one order be tendered for the Court's signature.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must provide written recommendations for its conditions and the sentence to impose 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

Entry of appearance

Upon being retained, counsel must promptly file a written entry of appearance unless the appearance is apparent from filed pleadings.

4.1 Upon being retained, counsel shall forthwith file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICAL

Applies to

Alternative order or judgment

If an order or judgment is unsatisfactory, opposing counsel must present an alternative version to the Court.

5.3 If such order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

CRITICAL

Applies to

Adoption or termination proceeding

A Guardian Ad Litem must be appointed in every termination or adoption proceeding, and the final hearing cannot occur before the Guardian Ad Litem files a report.

The Court requires that a Guardian Ad Litem be appointed for the child or children at issue in every termination of parental rights or adoption proceeding. The Court will not conduct a Final Hearing before the Guardian Ad Litem has filed his or her report.

CRITICAL

Applies to

Motion

Must include

proposed order

In civil actions, each motion must be submitted with a proposed order.

5.2 In civil actions, proposed orders shall be tendered with each motion.

CRITICAL

Applies to

Notice of hearing

A hearing notice must include the date and time set for the motion.

Notice of the hearing shall include the date and time for which the motion is set.

CRITICAL

Applies to

Judgment for order of sale

Judgments for Orders of Sale must include the specified sale requirements, party names, costs and encumbrances, sale-date designation, tax obligations, and purchaser payment and bond terms.

12.4 Notwithstanding the provisions of all other applicable law, Judgments for Orders of Sale shall contain the following: A. Requirements for sale in accordance with KRS Chapters 424 and 426, et. seq. B. Styled with the names of all parties. C. A specific designation of all costs, liens, taxes or encumbrances to be paid. D. That the date and time of sale shall be determined by the Master Commissioner. E. That Purchaser shall be required to assume and pay all taxes or assessments upon the property for the current tax year and subsequent years. That at the time of the sale, the successful bidder shall either pay cash or make a deposit of at least 10% of the purchase price with the balance on credit for thirty (30) days. If the purchase price is not paid in full, the successful bidder shall be required to give bond with a sufficient surety approved by the Master Commissioner prior to the sale for the unpaid balance of the purchase price. The bond shall bear interest at the rate the Judgment bears from the date of the sale until

CRITICAL

Applies to

Motion

Counsel seeking access to records from another confidential proceeding must file a motion in that proceeding requesting permission to inspect and copy the documents.

If counsel needs access to records of other confidential proceedings as part of a termination or adoption proceeding, counsel must file a motion in that action seeking permission to inspect and copy documents.

CRITICAL

Applies to

Order

The drafting attorney may submit the order without opposing counsel’s sign-off after receiving no response for at least seven business days, if the order includes the required verification.

If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court; the drafting attorney may submit same to the Court if it contains a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.

CRITICAL

Applies to

Order

When the opposing party is represented, the attorney preparing an order must obtain opposing counsel’s “Have Seen” sign-off before submitting it to the Court; the Court may waive this when the other party is pro se.

If the opposing party is represented by counsel, the attorney charged with preparing the Order shall then submit it to opposing counsel to sign off on a 'Have Seen' basis before it is submitted to the Court for entry. The Court may not require a 'Have Seen' if the other party is pro se.

CRITICAL

Applies to

Agreed continuance order

Counsel may circulate an agreed continuance order, which must bear the signatures of all parties or their counsel, state the agreed date for Court review, and explain how the continuance serves the child’s or children’s best interests.

Counsel may circulate an agreed order bearing the signature of all parties or their counsel and setting out the agreed upon date for the Court’s review. Said order must contain a statement setting forth how the best interests of the child or children is served by the continuance.

CRITICAL

Applies to

Eco petition

A CHFS social worker seeking an ECO must provide copies to the Court.

If a social worker employed by CHFS is seeking an ECO, the social worker will provide copies to the Court.

WARNING

Applies to

Pleadings and entry of appearance

Counsel must state an office address, mailing address, telephone number, and e-mail address on pleadings and in the entry of appearance.

4.2 On pleadings and in the entry of appearance, counsel shall set forth counsel's office address, mailing address, telephone number, and e-mail address.

WARNINGCriminal cases

Applies to

Pretrial diversion application

The application procedure requires counsel to make a statement and the defendant to agree on the record, but the excerpt ends before specifying the subject.

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, in the event diversion is

WARNING

Applies to

Pretrial memorandum

A pretrial memorandum should include the listed facts, issues, arguments with supporting authority, requested relief, witness list, trial exhibits, and mediation status if applicable.

A pretrial memorandum should include: a summary of the general facts; statement of any stipulated facts; a listing of all issues of fact and law for adjudication; a concise statement of each general issue in dispute; argument with ample supportive citations of authority pertinent to each issue of fact and law; conclusion setting forth the specific relief sought from the Court; an undated witness list, trial exhibits, etc, and a statement of the status of mediation (if applicable).

WARNING

Applies to

Petition

Additionally, any petition filed that references a Prevention Plan should have a copy of said Plan attached.

Additionally, any petition filed that references a Prevention Plan should have a copy of said Plan attached.

WARNING

Applies to

Agreed order

Parties or counsel may be required to submit an Agreed Order stating their agreement to mediate and the mediation's time and place.

Parties or their counsel may then be required to tender an Agreed Order stating that the parties agree to mediate and the time and place at which the mediation shall occur.

WARNING

Applies to

Entry of appearance

An entry of appearance is general unless counsel specifies otherwise on the record; a limited-purpose appearance must state the limited nature of the representation.

Unless counsel specifies otherwise on the record, an entry of appearance is considered to be a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

WARNING

Applies to

Uncontested divorce submission

In an uncontested divorce, parties may submit a decree with a Settlement Agreement and a deposition containing the required jurisdictional proof; they should also file a Motion to Submit stating that their paperwork is complete and the matter is ready for a decree.

Pursuant to FCRPP 3(1), parties may submit a decree for the Court’s review in any uncontested divorce. In addition to a Settlement Agreement and deposition containing the jurisdictional proof necessary to enter a Decree, the parties should file a Motion to Submit to inform the Court that the parties have filed all of their paperwork and are ready for the Court to enter a Decree of Dissolution of Marriage.

WARNING

Applies to

Order or judgment

At the Court's request, counsel in whose favor an order or judgment is rendered must prepare it.

5.1 All orders and judgements of the Court shall, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered.

WARNING

Applies to

Disclosure waiver

Parties may waive disclosure requirements instead of filing disclosures, either through an Agreed Order signed by all parties and counsel or through a waiver provision in a Settlement Agreement.

In lieu of filing said disclosures, parties may waive said disclosure requirements. Parties may do so by Agreed Order that is signed by all parties and counsel or by including a provision waiving the disclosures in a Settlement Agreement.

INFO

Applies to

Proposed order or judgment

In matters taken under advisement, the Court may direct the parties to submit proposed orders or judgments.

5.4 In all matters taken under advisement, the Court may in its discretion direct the parties to submit proposed orders or judgments for consideration.