Breathitt Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must provide a written recommendation in response to every application using AOC Form 347.

The Commonwealth shall make a written recommendation to the Court in response to each application. AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose .

CRITICAL

Applies to

Disposition report

The Disposition Report must be filed in the record.

The Disposition Report pursuant to FCRPP 26 shall be filed in the record and a copy given to the counsel, pro se litigants, and Guardian ad Litem seven (7) days prior to the disposition hearing or review.

CRITICAL

Applies to

Joint statement

If counsel remain in disagreement about a proposed order after reviewing the hearing video, they must tender a joint statement to the judge with both proposed orders attached and cite the video location of the judge’s ruling.

In the event counsel disagree on whether a proposed order is in conformity with the judge's ruling counsel shall notify each other of the disparity, and within five (5) business days of notice, shall review the video tape of the hearing, and if still in disagreement, counsel shall tender a joint statement to the judge with both proposed orders attached thereto for entry by the Court. The statement shall reference the tape citation to the judge's ruling.

CRITICAL

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the appointment basis, services and fee details, and disposition information.

Motions for compensation shall be accompanied by an affidavit indicating: a. The statutory basis for appointment; b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and c. That the action or proceeding have been concluded and the date of disposition.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must recommend the 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 person seeking the order must file a written motion stating the reason for the request and the proposed use of the video.

An individual requesting such an order must file a written motion, for the request which specifically sets forth the reason for the request and the proposed use thereof.

CRITICALCriminal cases

Applies to

Partial pre sentence investigation report

The Office of Probation and Parole must prepare a partial presentence investigation report before the Commonwealth makes its recommendation.

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

CRITICAL

Applies to

Petition

The petition must provide full information about the child's parents and their addresses, and the petitioner must diligently try to locate the parents, including through the listed contacts.

2. Full information concerning the child's parents and their addresses). The petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the local County Attorney's Office friends and relatives of the parents and local jails.

CRITICAL

Applies to

Agreed order

An agreed order resolving a docketed motion must be signed by counsel for all affected parties, identify the motion, and state the agreement’s terms.

If an agreed order, signed by counsel for all parties affected, relating to a motion appearing on the docket is submitted to the Clerk prior to the call of the docket, counsel need not attend the call of the docket. The agreed order shall refer to the Motion resolved in the agreed order and set forth the terms of the agreement.

CRITICAL

Applies to

Petition

Protective-order petitions must 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.

CRITICAL

Applies to

Child support worksheet

In uncontested cases involving minor children, a child support worksheet must be provided to the Court even if the parties agree to a deviation.

In uncontested cases involving minor children, a child support worksheet shall be provided to the Court even if a deviation has been agreed upon.

CRITICAL

Applies to

Notice

Petitioner's counsel must obtain a final hearing date within the statutory period and tender a notice conforming to that date for notice to all necessary parties.

Within the time period required by statute, counsel for the Petitioner with notice to all necessary parties, shall obtain a final hearing date directly from the Court and tender an Notice in conformity with the given date to be noticed to all necessary parties.

CRITICAL

Applies to

Written motion

A request for confidential video records must be made by written motion giving notice to all parties, including the Guardian ad Litem, and stating the reason for the request and its proposed use.

an individual request in such an order must follow written motion which includes notice to all parties including the Guardian ad Litem, setting forth the reason for the request and the proposed use thereof.

CRITICAL

Unless the Court orders otherwise or good cause is shown, counsel must confer by telephone before trial about settlement and possible factual stipulations, then advise the Court that the conference occurred and report its results.

Unless otherwise ordered by the Court or except for good cause shown, the parties shall: C. Prior to the trial date, counsel for the parties shall meet or confer via telephone for a final discussion of (1) possibility of settlement, and (2) preparation of written stipulation of all possible facts. Upon completion, counsel for the parties shall advise the Court that such final conference was held and the results thereof.

CRITICAL

Applies to

Motion

A party seeking a show-cause order for contempt must file a motion supported by a sufficient affidavit showing entitlement to the order.

To procure an order requiring a party to show cause why he or she should not be held in contempt for violation of a court's order, a motion supported by a sufficient affidavit showing that applicant is entitled to the order must be filed.

CRITICAL

Applies to

Family court confidential video record release

The Circuit Clerk's Office must not release family court confidential video records without a specific written order from the presiding family court judge.

The Circuit Clerk's Office in the 39" Judicial Circuit shall not release any copies of family court confidential video records without a specific written order from the presiding family court judge

CRITICALCriminal cases

Applies to

Pretrial diversion motion

If the Commonwealth Attorney recommends diversion, the AOC Form 347 motion containing the recommendation and signed by the defendant, defense attorney, and Commonwealth Attorney must be filed with the Circuit Court Clerk.

In the event the Commonwealth Attorney recommends diversion, AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony (which contains the recommendation of the Commonwealth and is signed by the defendant, defense attorney, and the Commonwealth Attorney) will be filed with the Circuit Court Clerk .

CRITICAL

Applies to

Petition

A petition must cite the specific statutes and factual allegations relied on concerning the Court's jurisdiction.

1. It must cite to specific statutes and factual allegations relied upon in a certain the Court's jurisdiction;

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 the plea and agreement voluntarily and with understanding.

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.

CRITICAL

Applies to

Motion for temporary child support

A motion for temporary child support must include verification of child care and health insurance costs when applicable.

In addition to the requirements of FCRPP 9, a motion for temporary child support shall be accompanied by verification of child care and health insurance cost if applicable.

CRITICAL

Applies to

Petition for dissolution of marriage

The party filing a dissolution petition must tender a completed VS-300 form to the clerk when filing.

The party filing the petition for dissolution of marriage shall tender to the clerk, at the time of filing, the completed VS-300 form typed and with signature in black or blue ink.

CRITICAL

Applies to

Status offense complaint

An adult with a reasonable basis to make a status-offense complaint must file it with the Court Designated Workers.

A complaint pursuant to KRS Chapter 630, Status Offenders, shall be filed the Court Designated Workers by any adult who has a reasonable basis to lodge such complaint.

CRITICAL

Applies to

Final verified disclosure statement

Before a contested final hearing, a party must file a Final Verified Disclosure Statement in the record.

Prior to a contested final hearing a Final Verified Disclosure Statement AOC-239 shall be filed in the record and served upon the other party.

CRITICAL

Applies to

Notice of service

A one-page notice of service under CR 33, CR 34, and CR 36 must be filed in the record to indicate initial service and response to discovery.

A one-page notice of service under CR 33, CR 34, and CR 36 shall be filed in the record to indicate initial service of and response to discovery.

CRITICALCriminal cases

Applies to

Motion for pretrial diversion

If the Commonwealth Attorney recommends diversion, the AOC Form 347 motion, containing the Commonwealth’s recommendation and signed by the defendant, defense attorney, and Commonwealth Attorney, must be filed with the Circuit Court Clerk.

In the event the Commonwealth Attorney recommends diversion, AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony (which contains the recommendation of the Commonwealth and is signed by the defendant, defense attorney, and the Commonwealth Attorney) will be filed with the Circuit Court Clerk.

CRITICAL

Applies to

Request for counsel

A named party, parent, or custodian requesting an attorney must execute the DNA 11 Financial Statement, Affidavit of Indigence and Request for Counsel Form and qualify for appointment.

The Court shall appoint a Guardian ad Litem for the minor child/children, and an attorney for any named party, parent or custodian upon their request and execution of a DNA 11 Financial Statement, Affidavit of Indigence and Request for Counsel Form and qualification.

CRITICALCriminal cases

Applies to

Pretrial diversion application

The defense attorney must submit the pretrial diversion application to the Circuit Judge and the Commonwealth Attorney.

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

CRITICAL

Applies to

Video deposition and transcript

When completed, the reporter who took the deposition must transmit its video and typed transcript to the Clerk in the manner required by law.

When completed, the video and typed transcript of each deposition thus taken shall be transmitted to the Clerk of the Court by the reporter who took the same in the manner required by law.

CRITICALCriminal cases

Applies to

Pretrial diversion application

The application must state that granting diversion waives the defendant’s 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 ofthe charge against him/her is waived.

CRITICAL

Applies to

Petition

A Petition filed with the Court must include the applicable form required by FCRPP 40.

If a Petition is filed with the Court, it shall be accompanied by the applicable form as required by FCRPP 40,

CRITICALCriminal cases

Applies to

Order voiding pretrial diversion

AOC Form 346 must be used for an order voiding pretrial diversion.

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 motion

The Commonwealth must provide a written recommendation for each application using AOC Form 347.

The Commonwealth shall make a written recommendation to the Court in response to each application. AOC Form 347, Styled Motion for Pre-trial Diversion of a Class D Felony shall be used for this purpose.

CRITICAL

Applies to

Written interrogatories

In an uncontested case with a written separation agreement executed by both parties and filed in the record, the parties must submit proof by written interrogatories.

In uncontested cases where there is a written Separation Agreement executed by both parties and filed in the record, the parties shall submit proof by written interrogatories.

CRITICAL

Applies to

Motion to consolidate or join actions

When actions involve the same parties and common questions of law or fact, the parties must move to consolidate or join them, though the Court may consolidate them on its own motion.

If case involves the same parties and common questions of law or fact the parties shall file motion to consolidate or joint actions or the Court may consolidate the actions on its own motion.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must include restitution when the victim suffered monetary damage and state whether diversion is supervised or unsupervised, including supervision fees if applicable.

The Order of Diversion shall include: l. Restitution, where victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable).

CRITICALCriminal cases

Applies to

Pretrial diversion order

The order must state whether diversion is supervised or unsupervised and include applicable supervision fees; supervised diversion carries a monthly fee of at least $10.00 and no more than $25.00.

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 .

CRITICAL

Applies to

Hearing papers

Counsel must tender all necessary paperwork and orders to the Court seven days before the hearing for review.

Counsel shall tender all necessary paperwork and orders to the Court seven (7) days prior to the hearing for review.

WARNINGCriminal cases

Applies to

Pretrial diversion order

A diversion order may include requirements to remain drug- and alcohol-free and submit to random testing, avoid violations of the Penal Code or Controlled Substance Act, and possess no firearm or other deadly weapon.

The Order of Diversion may include the following : 1. That the defendant remain drug and alcohol free and be subject to random testing . 2. That the defendant have no violation of the Penal Code or the Controlled Substance Act. That the defendant possess no firearm or any other deadly weapon.

WARNING

Applies to

Pretrial conference notice

If the parties want a pretrial conference, any party may notice it at the last regularly scheduled motion hour before trial.

If the parties desire a pretrial conference, any party to the suit may notice the pretrial conference at the last regularly scheduled motion hour prior to the trial date.

WARNING

Applies to

Motion

and proof of service on the Judge should be listed on the Certificate of Service.

and proof of service on the Judge should be listed on the Certificate of Service.

INFOCriminal cases

Applies to

Pretrial diversion order

The diversion order may include requirements to remain drug- and alcohol-free with random testing, avoid violations of the specified laws, and possess no firearm or other deadly weapon.

The Order of Diversion may include the following: l. That the defendant remain drug and alcohol free and be subject to random testing. 2. That the defendant have no violation of the Penal Code or the Controlled Substance Act. 3. That the defendant possess no firearm or any other deadly weapon.