Breathitt Circuit Court Document Filing Requirements

CRITICAL

Applies to

Motion

Must include

proposed order

Motions, including summary-judgment motions, must be filed with a conforming proposed order, except motions to set a pretrial conference or trial date.

All motions, including motions for summary judgment but excluding motions to set a pretrial conference or trial date, shall be filed with the tender of a proposed order in conformity therewith including such Orders that require findings of fact and conclusions of law.

CRITICALCriminal cases

Applies to

Pretrial diversion motion

AOC Form 347 must be used for the Commonwealth's written recommendation.

AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .

CRITICAL

Applies to

Motion

Must include

certificate of service

A party seeking default judgment under CR 55.01 must file a written motion accompanied by an attorney’s certificate addressing service and an affidavit stating whether the defaulting party is in military service.

A written motion must be filed by a party seeking a judgment by default under CR 55.01. The motion shall be accompanied by: (1) a certificate of the attorney that the opposing party has been served and that no papers have been served upon the attorney by the party in default; and (2) an affidavit stating whether the party in default is in the military service.

CRITICALCriminal cases

Applies to

Pretrial diversion 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. KRS 533 .252(3) .

CRITICAL

Applies to

Motion

A party seeking a trial date must file a motion entitled “Motion to Set for Trial” for placement on the motion docket.

Any party desiring a trial date shall file a motion entitled "Motion to Set for Trial" which shall be placed on the motion docket.

CRITICALCriminal cases

Applies to

Pretrial diversion order

AOC Form 345 must be used for an order granting pretrial diversion.

AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose .

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must include restitution when the victim has suffered monetary damage.

Restitution, where victim has suffered monetary damage.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must state the duration of diversion.

Duration of the diversion.

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment where the cited rules apply must file a written motion on the motion docket and accompany it with the movant's CR 55.01 certificate.

A party seeking a judgment by default where CR 55.01, 5.01, or 6.03 apply shall file a written motion for such judgment, which must appear on the motion docket. Said motion shall be accompanied by the movant's certificate as stated in CR 55.01.

CRITICAL

Applies to

Order

A sale may not occur outside the time specified in the Judgment and Order of Sale; if that time expires, a new Order setting a later sale date is required.

B. Sales cannot occur outside the time specified in the Judgment and Order of Sale. If the specified time expires, there must be a new Order setting forth a later sale date.

CRITICAL

Applies to

Case progress report

Case progress reports must be prepared and filed when ordered in cases where a child is committed to the Cabinet for Health and Family Services.

The case progress reports required by KRS 620.240 shall be prepared, filed and delivered to each party in every case in which a child is committed to the Cabinet for Health and Family Services as ordered by the Court.

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 it.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the receiving judge may hear the matter.

CRITICAL

Applies to

Default judgment

A default judgment must state that the movant furnished the certificate required by CR 55.01.

Any judgment by default entered by the Court shall, as a part thereof, state that the movant has furnished the certificate as required by CR 55.01.

CRITICAL

Applies to

Notice of hearing

A hearing notice must specify the hearing date, time, and place.

The notice of the hearing shall specify the date, time, and place for the hearing.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the specified KRS chapters.

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

CRITICAL

Applies to

Gal report

The GAL report must be filed in the record before a final hearing date may be assigned.

No adoption proceeding shall be assigned a final hearing date until the report of the GAL is filed in the record.

CRITICAL

Applies to

Ex parte motion

An ex parte motion concerning temporary child custody, support, or maintenance must include supporting affidavits sufficient to state grounds for injunctive relief.

An ex parte motion relating to these issues must be accompanied by supporting affidavits sufficient to state grounds for injunctive relief.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must require the defendant to obey all rules and regulations imposed by Probation & Parole.

Requirement that the defendant obey all rules and regulations imposed by Probation & Parole .

CRITICAL

Applies to

Order decree judgment

Must include

certificate of service

Tendered orders, decrees, and judgments must place “Prepared By” above the tendering attorney’s or party’s signature and include the Family Court Clerk’s certificate of service to all parties and counsel.

All orders, decrees and judgments tendered to the Court shall contain the words "Prepared By" above the signature of the attorney or party tendering same and shall contain the Family Court Clerk's certificate of service to all parties and counsel.

CRITICAL

Applies to

Guardian ad litem answer or report

Within 60 days of appointment, the Guardian ad Litem must file either an answer for the respondent or a report that no defense can be presented after careful examination.

Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he or she isn't able to present a defense.

CRITICAL

Applies to

Motion

Each motion must include a brief statement of its grounds and citations to relied-upon authorities, which may be included in the motion's body.

There shall be filed with each motion a brief statement of the grounds therefore with citations of authorities relied upon, which may be set forth in the body of the motion, if the pleader so desires.

CRITICALCriminal cases

Applies to

Court record

If the diversion agreement is accepted, the Court must make a specific on-the-record finding that the defendant entered both the plea and agreement voluntarily, freely, intelligently, and understandingly.

If the diversion agreement is accepted, the Court shall make a specific finding on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .

CRITICALCriminal cases

Applies to

Pretrial diversion order

The order must direct the defendant not to commit an offense during diversion and to comply with applicable KRS 533.030 provisions and any other conditions imposed by the Court.

As required by KRS 533 .030(1) [conditions of probation-restitution], Direction that the defendant not to commit any offense during the period of the pretrial diversion . The defendant shall be specifically directed to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Initial hearing

At the initial hearing, the Court must explain the child’s rights and charge on the record and use AOC-JV-49.

The Court shall explain to the child on the record his or her rights and the charge and shall utilize AOC-JV-49 Notice of Juvenile Rights and Consequences for Status Offenders.

CRITICAL

Applies to

Motion

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. The certification should detail the attempts of counsel to resolve the dispute.

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. The certification should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Response

If a party wants to respond or the Court orders a response, it must be in similar form to the motion and filed with the Clerk before the hearing date unless the Court sets a different time.

If a party desires to respond or if the Court orders a response, the response to any motion shall be in similar form and shall be filed with the Clerk prior to the date set for the hearing of the motion unless a different time is fixed by the Court.

CRITICAL

Applies to

Show cause order

A show-cause order must briefly state its grounds and include the specified warning about arrest for failure to appear.

The Order shall contain a short statement of the grounds for its issuance and the following statement: IF YOU FAIL TO APPEAR AT THE HEARING, AN ORDER FOR YOUR ARREST WILL BE ISSUED.

CRITICAL

Applies to

Discovery

CR 33 interrogatories and answers, CR 34 requests and answers, and CR 36 requests for admission must not be filed with the Court.

Interrogatories propounded under CR 33 and answers thereto, requests for production or inspection under CR 34 and answers thereto, and requests for admissions under CR 36 shall not be filed with the Court.

CRITICAL

Applies to

Deposition transcript

A typed transcript of each video deposition, including all objections and certified as accurate and complete, must be furnished to the Court for advance rulings on objections.

In addition to the video recording of each deposition, there shall be furnished to the Court, for the purpose of ruling upon objections in advance of trial, a typed transcript of the verbal testimony and all objections thereto, duly certified to be accurate and complete.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must address restitution, supervision and applicable fees, duration, compliance with Probation and Parole rules, and the specified conduct conditions.

The Order of Diversion shall include: 1. Restitution, where victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). In the event diversion is to be supervised, a monthly supervision fee of no less than $10.00 or more that $25 .00 shall be imposed on the divertee . 3. Duration of the diversion. 4. Requirement that the defendant obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533.030(1) [conditions of probation-restitution], Direction that the defendant not to commit any offense during the period of the pretrial diversion. The defendant shall be specifically directed to comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Order or judgment

After a ruling or opinion, the movant or the person directed by the Court must prepare a conforming order or judgment.

When a ruling is made or opinion rendered, an order or judgment in conformity therewith shall be prepared by the movant or as directed by the Court.

CRITICAL

Applies to

Order or judgment

The Order or Judgment must identify which counsel prepared it.

It shall also have the documentation of which counsel it was "prepared by."

CRITICALCriminal cases

Applies to

Partial presentence investigation report

Before making a recommendation, the Commonwealth must have the Office of Probation and Parole prepare a partial presentence investigation report.

Have the Office of Probation and Parole prepare a partial pre-sentence investigation report.

CRITICAL

Applies to

Warning order attorney report

If a Warning Order Attorney was appointed, that attorney’s report must be filed before assignment of the final contested hearing or submission upon deposition.

If a Warning Order Attorney was appointed the Warning Order Attorney's report must also first be filed before an assignment of the final contested hearing or submission upon deposition.

CRITICAL

Applies to

Order or judgment

If the party against whom an Order or Judgment is entered is unrepresented, that fact must be endorsed on the Order or Judgment.

If the party against whom the Order or Judgment is entered is not represented by counsel, that fact shall be endorsed thereon.

CRITICALCriminal cases

Applies to

Pretrial diversion application

The defense attorney must submit the application to the Circuit Judge and Commonwealth Attorney, state that diversion waives the defendant’s right to a speedy trial or disposition, and obtain the defendant’s agreement on the record.

The defense attorney will submit an application for pre-trial diversion to the Circuit Judge and the Commonwealth Attorney. In the application 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 .

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the 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).

CRITICAL

Applies to

Criminal judgment

The Court prepares and completes all criminal Judgments.

B. All criminal Judgments will be prepared and completed by the Court.

CRITICAL

Applies to

Agreed order

The Court will execute an Agreed Order signed by all counsel of record or affected unrepresented parties, except an Order continuing a trial.

C. The Court will execute all Agreed Orders signed by all counsel of record or by the parties not represented by counsel who are affected by the Order with the exception of Orders continuing the trial of any case.

CRITICALCriminal cases

Applies to

Pretrial diversion order

If the Court orders pretrial diversion, AOC Form 345 must be used.

The Court may, in its discretion, order pretrial diversion for eligible petitioners upon terms and conditions it deems appropriate. AOC Form 345, styled Order Granting Pretrial Diversion of a Class D Felony, shall be used for this purpose.

CRITICAL

Applies to

Uncontested dissolution submission

Must include

proposed order

If the parties agree on all issues, they may seek a dissolution decree without a hearing by filing an agreed order to submit with the clerk and tendering a proposed decree and the information required by FCRPP 3(1).

If parties reach an agreement on all issues, a decree of dissolution may be obtained without a hearing by filing an agreed order to submit in the Circuit Court Clerk's office in the county where the case is filed and tendering a proposed decree of dissolution of marriage and all requisite information required by FCRPP 3(1).

CRITICAL

Applies to

Order

The party preparing an Order must ensure that it contains a Distribution list.

It shall be the responsibility of the party preparing the Order to make sure that all Orders contain a Distribution list as set out in the example below:

CRITICALCriminal cases

Applies to

Order voiding pretrial diversion

The Court may void participation in pretrial diversion after a hearing and notice to the Commonwealth and defendant upon the stated showing, using AOC Form 346.

After a hearing, with notice to the Commonwealth and to the defendant, the Court may void a person's participation in pretrial diversion upon a showing of failure to comply with the conditions of diversion or a failure to make satisfactory progress . AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose.

CRITICALCriminal cases

Applies to

Pretrial diversion application

The application must state that diversion waives the right to a speedy trial or disposition, and the defendant must agree to that waiver on the record.

In the application 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

Timesharing agreement

A timesharing agreement must be mutual, written, and filed in the record to be enforceable by the Court.

Only mutual written agreements in writing filed in the record may be enforced by the Court.

CRITICAL

Applies to

Sale cancellation

A sale may be cancelled only in writing through the Master Commissioner's Office and Circuit Judge's Office.

C. Sales may only be cancelled through the Master Commissioner's Office and Circuit Judge's Office in writing.

CRITICAL

Applies to

Petition

A petition under KRS Chapter 620 and FCRPP 20 seeking removal or non-removal must be filed on form AOC-DNA-1.

The petition pursuant to KRS Chapter 620 and FCRPP 20 shall be filed on AOC-DNA-1 seeking removal or non-removal of a child alleged to be dependent, neglected or abused.

CRITICAL

Applies to

Jury instructions

Unless the Court orders otherwise or good cause is shown, counsel must tender proposed Jury Instructions on the first day of trial for the Court's review.

Unless otherwise ordered by the Court or except for good cause shown, the parties shall: A. Seven days prior to trial, each party shall submit a tendered Witness List and Exhibit List to all other parties. Counsel shall tender proposed Jury Instructions on the first day of trial for the Court's review.

CRITICALCriminal cases

Applies to

Order voiding pretrial diversion

AOC Form 346 must be used to void a pretrial diversion order.

AOC Form 346, styled Order Voiding Pretrial Diversion of a Class D Felony shall be used for this purpose.

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

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

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