Bracken County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Motion for judgment or order

Must include

proposed order

A requested judgment or order must be tendered with the motion unless there is a cogent reason to the contrary.

When a motion for judgment or order is presented to the Court, the judgment or order requested shall be tendered therewith except for cogent reason to the contrary.

CRITICAL

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.

CRITICALCriminal cases

Applies to

Pretrial diversion application

The diversion application must include counsel's statement and the defendant's on-record agreement to waive speedy trial or 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

Order

Orders subject to the stated service requirements, including judgments and orders affecting the time to appeal, must contain directions for distribution by the Circuit Clerk.

All orders which are required under the Kentucky Rules of Civil Procedure (CR) and Rules of Criminal Procedure (RCr) to be served on opposing parties or counsel, including judgments, final Circuit Clerk for distribution thereof in the following manner: orders and orders affecting the running of time for taking an appeal, shall contain directions to the Mail copies to: John Jones Attorney for plaintiff, Jane Doe 208 Main Street Florence, Kentucky 41042

CRITICAL

Applies to

Condensed deposition transcript

If the Court orders it, relevant pages of a condensed deposition transcript must be filed when the deposition is the subject of a motion.

If ordered by the Court, relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.

CRITICAL

Applies to

Affidavit

The three-day affidavit must be filed with the judgment and address material changes in circumstances, resumption of the marital relationship, and pregnancy if the affiant is a woman.

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment containing statement as to whether any material change in the circumstances of either party has occurred since the first affidavit was executed and since the taking of proof as would cause any witness herein now to testify differently and whether any resumption of normal marriage relationship has occurred, and if a woman, whether now pregnant.

CRITICAL

Applies to

Agreement or agreed order

The parties and their counsel, if any, must sign all agreements and agreed orders.

D. The parties and parties* counsel, if any, must sign all agreements and agreed orders.

CRITICALCivil cases

Applies to

Custody order application or modification

An application for a custody order or modification must be made to the Court by motion with affidavits as required by law, for hearing with notice to all parties.

A. Application for a custody order or to modify a custody order or required by law, with notice to all parties, for hearing by the Court in custody decree shall be to the Court on motion, and affidavits as accordance with procedure established by Kentucky Revised Statutes and these Local Rules.

CRITICALCivil cases

Applies to

Affidavit

In dissolution, legal-separation, and maintenance proceedings, the moving party must file a signed, notarized affidavit with the complaint containing the listed information about the parties, property, income, children, military service, and pregnancy where applicable.

In each proceeding for dissolution of marriage, legal separation or maintenance, an affidavit signed by moving party and notarized must be filed with the complaint and must contain the following: Statement as to whether either party has been previously divorced, or a party to a decree of legal separation or dissolution of marriage, and if so, when and where the decree was granted. II. Statement as to age and condition of health of affiant. 111. Statement as to whether affiant owns any real estate. If any real estate is owned, give location and value. iv. Statement as to whether affiant is employed, the wages or salary received. V. Statement of affiant as to his or her other income. vi. Statement as to the age and health of respondent. vii. Statement of affiant as to whether respondent owns any real estate, and as to whether he is employed. viii. Statement as to whether any children were born of this marriage, giving the place of residence, sex and date of birth of any such children, and the name(s) of the custodian(s) of said children. ix. Statement as to whether respondent is now or has been in the active military service of the United States at any time during the pendency of this action. x. If a woman, whether now pregnant.

CRITICALCivil cases

Applies to

Agreement or agreed order

All agreements and agreed orders must contain the correct mailing and e-mail addresses for the attorneys and parties.

C. All agreements and agreed orders shall contain the correct mailing and D. The parties and parties' counsel, if any, must sign all agreements and e-mail addresses for the attorneys and parties. agreed orders.

CRITICAL

Applies to

Preliminary verified disclosure statement

The Preliminary Verified Disclosure Statement or a qualifying replacement form must be filed unless the parties or their counsel certify in writing that the disclosure was made under FCRPP 2(3).

AOC-238 (Preliminary Verified Disclosure Statement) or any subsequent replacement form requiring the same or similar information shall be filed in the Court record, unless parties or parties* counsel certify in writing that said disclosure has been made in accordance with FCRPP 2(3).

CRITICALCivil cases

Applies to

Affidavit

Affidavits supporting a motion to modify a temporary custody order or custody decree must identify the order, describe its substance, and state the circumstances or changed circumstances relied upon.

B. The affidavits in support of motion to modify a temporary custody order or custody decree shall, in addition to facts supporting the requested order sought, indicate: The date and recording information of the order or decree sought to be modified; The substance of the order or decree; and, The circumstances or the change of circumstances relied upon by the party seeking the modification.

CRITICAL

Applies to

Order

An order referring a matter to the commissioner must clearly state the purpose of the reference and the commissioner’s duties.

The order shall be sufficiently specific to indicate clearly the purposes of the reference and the duties to be performed by the commissioner therein.

CRITICAL

Applies to

Original complaint and intervening complaint

Must include

caption

The caption of each original or intervening complaint must show each party’s address if known.

The caption of each original complaint and intervening complaint shall show the address, if known, of each party.

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.

CRITICALCivil cases

Applies to

Appearance waiver or agreement

An unrepresented party must sign and acknowledge an appearance and waiver or agreement before a clearly identified public notary, the circuit clerk or a deputy, or an official stenographer of the circuit court.

A. Any unrepresented party who signs and acknowledges an appearance notary, the circuit clerk or any of his or her deputies, or any official and waiver or agreement shall do so before a clearly identified public stenographer of the circuit court.

CRITICAL

Applies to

Motion to withdraw counsel

An order permitting counsel to withdraw will not be signed until counsel sets the motion on a regular Motion Day and accompanies it with a copy of a certified letter to the client and proof of that letter.

No order shall be signed permitting the withdrawal of counsel until counsel has set said motion on a regular Motion Day and has accompanied said motion with a copy of a certified letter to client and the proof thereof.

CRITICAL

Applies to

Motion

Motions must state the precise relief requested and include a supporting memorandum when these Local Rules specifically require one; failure may be grounds for denial.

All motions shall state precisely the relief requested and shall be accompanied, as specifically required by these Local Rules, by a supporting memorandum. Failure to do so may be grounds for denying the motion.

CRITICALCivil cases

Applies to

Affidavit

The movant's affidavit must fully explain the need for emergency custody, maintenance, or support and, if applicable, why notice could not be given.

Affidavit of movant must fully explain the need for emergency for a period of up to thirty (30) days. custody, maintenance and/or support, and if applicable, why notice could not be given.

CRITICAL

Applies to

Appearance waiver or agreement

An unrepresented party must sign and acknowledge an appearance and waiver or agreement before one of the listed officials.

A. Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a clearly identified notary public, the circuit clerk or any of his or her deputies, or any official stenographer of the circuit court.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations on 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

CRITICAL

Applies to

Deed of conveyance

When purchase money bonds are executed, the deed of conveyance must provide that the insurance will be carried.

Where purchase money bonds are executed the deed of conveyance shall provide that such insurance shall be carried

CRITICAL

Applies to

Criminal instructions

Each side in a criminal case must file criminal instructions.

Criminal instructions must be filed by each side

CRITICALCivil cases

Applies to

Affidavit

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment

CRITICAL

Applies to

Original complaint and intervening complaint

Must include

caption

If a defendant is under disability, the caption must state the nature of the disability and who is to be served.

If a defendant is under disability, the caption shall state the nature of the disability and who shall be served.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion filed with the clerk must be accompanied by a tendered order and enough copies for the clerk to complete service; an exception is indicated but the source text is incomplete.

No motion shall be filed in the clerk's office unless same is accompanied by a tendered order for the Court's consideration (as stated in Local Rule Title II, Rule 4.01), together with a sufficient number of copies of the tendered order to permit the clerk to complete service thereof. This rule shall not apply if the order sought is required by Kentucky Rules of Civil Procedure (CR) to

CRITICAL

Applies to

Affidavit

Supporting affidavits for a motion to modify a temporary custody order or decree must identify the existing order, its substance, and the circumstances or changed circumstances relied upon.

B. The affidavits in support of motion to modify a temporary custody order or custody decree shall, in addition to facts supporting the requested order sought, indicate: 1. The date and recording information of the order or decree sought to be modified; 2. The substance of the order or decree; and, 3. The circumstances or the change of circumstances relied upon by the party seeking the modification.

CRITICAL

Applies to

Pretrial diversion order

B. The Order of Diversion shall include: 1. Restitution, if applicable. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 3. Duration of the diversion. 4. Requiring defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by KRS 533.030(1) [conditions of probation-restitution], directing the defendant 6. Directing the defendant to comply with any other provision of KRS 533.030 or any other not to commit any offense during the period of pretrial diversion. condition the Court deems appropriate.

B. The Order of Diversion shall include: 1. Restitution, if applicable. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 3. Duration of the diversion. 4. Requiring defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by KRS 533.030(1) [conditions of probation-restitution], directing the defendant 6. Directing the defendant to comply with any other provision of KRS 533.030 or any other not to commit any offense during the period of pretrial diversion. condition the Court deems appropriate.

CRITICAL

Applies to

Pretrial diversion recommendation

When recommending diversion, the Commonwealth must provide written recommendations on diversion conditions and the appropriate sentence if the agreement is unsuccessful.

E. 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.

CRITICAL

Applies to

Affidavit

In dissolution, legal-separation, or maintenance proceedings, a signed and notarized affidavit must be filed with the complaint and include the specified information about the parties, property, income, children, military service, and pregnancy.

Pursuant to FCRPP 3(1), in each proceeding for dissolution of marriage, legal separation or maintenance, an affidavit signed by moving party and notarized must be filed with the complaint and must contain the following: Statement as to whether either party has been previously divorced, or a party to a decree of legal separation or dissolution of marriage, and if so, when and where the decree was 2. Statement as to age and condition of health of affiant. Statement as to whether affiant owns any real estate. If any real estate is owned, give location and value. Statement as to whether affiant is employed, the wages or salary received. Statement of affiant as to his or her other income. Statement as to the age and health of the respondent. Statement of affiant as to whether respondent owns any real estate, and as to whether he/she is employed. Statement as to whether any children were born of this marriage, giving the place of residence, sex and date of birth of any such children, and the name(s) of the custodian(s) of said children. 9. Statement as to whether respondent is now or has been in active military service of the United States at any time during the pendency of this action. 10. If a woman, whether now pregnant.

CRITICAL

Applies to

Affidavit

The movant's affidavit must fully explain the need for emergency relief and, if applicable, why notice could not be given.

B. Affidavit of movant must fully explain the need for emergency custody, maintenance and/or support, and if applicable, why notice could not be given.

CRITICAL

Applies to

Affidavit

The State Department of Health questionnaire required by KRS 213.340 must be filed with the affidavit.

11. The questionnaire form required by the State Department of Health, pursuant to KRS 213.340, shall be filed with the affidavit.

CRITICALCivil cases

Applies to

Pleading

Pleadings must provide personal identifying information required by the cited statutes or contained in other documents or exhibits filed with the court.

All pleadings must comply with the requirements of KRS Chapter 205, 403 and 407, by providing the personal identifying information required in statute or contained in other documents or exhibits filed with the court,

CRITICALCivil cases

Applies to

Emergency motion

A party may seek emergency temporary custody, maintenance, or support relief by motion, with practicable notice and a supporting affidavit stating facts establishing the emergency.

In an emergency for temporary order for custody, maintenance, and support or to modify and review same, a party on motion, with such notice as practicable, supported by affidavit of movant stating facts to establish the emergency, may move the Court, in person or by counsel, for order of emergency temporary custody, maintenance, or support

CRITICAL

Applies to

Motion or pleading

A copy of the notice must accompany the motion or pleading delivered to the clerk.

A copy of the notice shall accompany the motion or pleading delivered to the clerk.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must provide the Court with a written recommendation for each diversion application.

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

CRITICALCivil cases

Applies to

Preliminary verified disclosure statement

AOC-238, Preliminary Verified Disclosure Statement, must be filed in the Court record unless the parties or their counsel certify in writing that the disclosure was made in accordance with FCRPP 2(3).

A. Certification the Court record, unless parties or parties' counsel certify in writing AOC-238, Preliminary Verified Disclosure Statement, shall be filed in that said disclosure has been made in accordance with FCRPP 2(3).

CRITICAL

Applies to

Pretrial diversion recommendation

The Commonwealth must submit a written recommendation to the Court in response to every diversion application.

C. The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(6).

CRITICAL

Applies to

Written evidence of insurance

The purchaser must furnish the commissioner written evidence of the required insurance within 24 hours of the sale.

Written evidence of such insurance, as obtained pursuant to Local Rule 29.01, shall be furnished by the purchaser to the commissioner within twenty-four (24) hours of the date of sale.

CRITICALCivil cases

Applies to

Motion

A motion for maintenance or support must include a child support worksheet and the moving party's affidavit stating the number of children and income; the source text ends before completing the income statement.

Any motion for maintenance or support must be accompanied by a child support worksheet and an affidavit of the moving party setting forth the number of children of the marriage and the income of the

CRITICAL

Applies to

Motion for maintenance or support

A motion for maintenance or support must include a child support worksheet and the moving party’s affidavit stating the number of children and the parties’ incomes.

Any motion for maintenance or support must be accompanied by a child support worksheet and an affidavit of the moving party setting forth the number of children of the marriage and the income of the parties.

CRITICAL

Applies to

Agreement or agreed order

Agreements and agreed orders must include the correct mailing and email addresses for attorneys and parties.

C. All agreements and agreed orders shall contain the correct mailing and e-mail addresses for the attorneys and parties.

CRITICAL

Applies to

Pretrial diversion application

When applying for diversion, defense counsel must state and the defendant must agree on the record to waive speedy trial or disposition rights if diversion is granted.

B. 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

Trial brief and instructions

In civil jury and bench cases, each party must file a trial brief and desired instructions no later than five days before trial.

In all jury and bench civil cases, each party to the action shall file with the Court, no later than FIVE (5) DAYS, prior to trial, a trial brief and desired instructions.

CRITICAL

Applies to

Motion to set trial

A motion to set a case for trial must state the nature of the action, whether a jury has been demanded, and the estimated trial length.

All motions to set cases for trial shall state the nature of the action, whether or not a jury has been demanded, and the estimated length of trial.

CRITICAL

Applies to

Emergency motion

A party may seek an emergency temporary custody, maintenance, or support order by motion, with practicable notice and an affidavit stating facts establishing the emergency; the order may cover up to 30 days.

A. In an emergency for temporary order for custody, maintenance, and support or to modify and review same, a party on motion, with such notice as practicable, supported by affidavit of movant stating facts to establish the emergency, may move the Court, in person or by counsel, for order of emergency temporary custody, maintenance, or support for a period of up to thirty (30) days.

CRITICAL

Applies to

Custody application

An application for a custody order or modification must be made by motion with affidavits required by law and submitted for a court hearing under the cited procedures.

A. Application for a custody order or to modify a custody order or custody decree shall be to the Court on motion, and affidavits as required by law, with notice to all parties, for hearing by the Court in accordance with procedures established by FCRPP 7, Kentucky Revised Statutes and these Local Rules.

CRITICAL

Applies to

Pleading

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

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

CRITICAL

Applies to

Motion for trial assignment

Must include

local rule certificate

A motion for assignment of a jury-trial date in Bracken, Fleming, or Mason County must include a signed Certificate of Readiness in the prescribed form.

All motions for assignment of a date for trial with jury in Bracken, Fleming, or Mason County shall have endorsed thereon, signed by counsel for the movant, the following: CERTIFICATE OF READINESS I hereby certify that this case stands ready for trial by movant; all matters necessary for its presentation to the Court and jury have been or shall be completed within sixty (60) days from this date. DATE: (SIGNATURE) COUNSEL FOR MOVANT

CRITICALCivil cases

Applies to

Affidavit

The affidavit filed with the judgment must state whether either party's circumstances materially changed since the first affidavit and since proof was taken.

containing statement as to whether any material change in the circumstances of either party has occurred since the first affidavit was executed and since the taking of proof