Breckinridge County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Form attachment

Attach the state income tax return for the last year filed.

State Income Tax Fetum for the last year filed

CRITICAL

Applies to

Assignment of judicial sale bid

A purchaser assigning a judicial-sale bid to a third party must file the assignment with the Circuit Court Clerk and tender a copy to the Master Commissioner.

If the purchaser at a judicial sale desires to assign his/her bid to a third party, then this assignment shall be filed with the Circuit Court Clerk and a copy tendered to the Master Commissioner.

CRITICAL

Applies to

Pretrial diversion motion

A pretrial-diversion motion must use AOC Form 347 or a Court-approved form with the specified title, include or be accompanied by the Commonwealth’s Attorney’s recommendation, be signed by the defendant and both attorneys, and be filed with the Circuit Court Clerk.

The movant shall use AOC Form 347 or a form of approved by this Court which shal. be styled, "Motion for Pre-trial Diversion of a Class "D" Felony". The above form shall include or be accompanied by the Commonwealth's Attorney's recommendation and shall be signed by the Defendant, Defense Attorney and the Commonwealth's Attorney. As with all other motions, the same shall be filed with the Circuit Court Clerk.

CRITICAL

Applies to

Form attachment

Provide documentation of accrued retirement-plan benefits, recent statements for each plan, and the plan administrator’s name, address, and phone number.

Documentation of benefits accrued in pension, profit sharing, 401(k) or other retirement plans, including most recent statements of each such plan and the name, address and phone number of plan administratot

CRITICAL

Applies to

Continuance request supporting document

A continuance request based on an absent necessary witness must be supported by a subpoena copy or a memorandum with the specified service details, and counsel must be prepared to explain service efforts.

In addition to the requirements of RCr 9.04, any party seeking the continuance of a trial date based upon the absence of a necessary witness, except for good cause shown, shall have filed with the Clerk of the Court no less than two (2) days prior to the making of the motion for a continuance, a copy of the subpoena for said witness which was on that date or prior to that date issued for the appearance of said witness; or, a memorandum setting forth the name of the person subpoenaed, the agency/entity to whom the subpoena was delivered for service, and the date the subpoena was so delivered. Further, counsel must be prepared to advise the Court that a good faith effort has been made to achieve service and explain the reason that service has not been made.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The order must state the diversion duration, which cannot exceed the greater of five years or the time needed to complete restitution.

State the duration of the diversion, which shall not exceed the greater of five years or the time necessary to complete restitution.

CRITICAL

Applies to

Iv d case orders

In IV-D cases, if applicable, counsel must file the Uniform Child Support Order and/or Wage Income Withholding Order AOC 152 and CS-89.

and (2) the Uniform Child Support Order and/or Wage Income Withholding Order AOC 152 and CS-89 in IV-D cases (if applicable) pursuant to FCRPP 9(2).

CRITICALCriminal cases

Applies to

Motion

The pretrial-diversion motion must be styled “Motion for Pre-trial Diversion of a Class D Felony.”

The movant shall use AOC Form 347 or a form of approved by this Court which shall be styled, "Motion for Pre-trial Diversion of a Class "D" Felony".

CRITICAL

Applies to

Report of sale

The Commissioner must file the report of sale with the Clerk of the Court.

The Commissioner shall file his/her report of sale with the Clerk of the Court,

CRITICAL

Applies to

Form attachment

Complete the section by attaching the listed documents or providing the requested information on a separate sheet attached to the form.

To complete this section, you must attach all of the following documents and/or provide the requested information on a separate sheet and attach to this form.

CRITICAL

Applies to

Mediation materials

The parties must prepare and exchange the listed financial disclosures, statements, supporting documents, and other materials requested by the mediator for mediation.

The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: 1. Supplement to financial disclosure statement regarding any material change: 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.) a. Copies of all documents supporting valuation of assets; b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and c. All information and copies of all documents requested by the mediator prior to the mediation conference.

CRITICAL

Applies to

Appearance waiver or agreement

An unrepresented party must sign and acknowledge an appearance and waiver or agreement before a notary or deputy circuit clerk.

Any unrepresented party who signs and acknowledges appearance and waiver or agreement shall do so before a notary or deputy circuit clerk.

CRITICAL

Applies to

Form attachment

Attach the most recent statement for each bank account.

Most recent statement of each bank account

CRITICAL

Applies to

Witness and exhibit list

In civil matters, the parties must exchange complete witness and exhibit lists at least 90 days before trial, with the offering party providing the specified summaries.

7.07 In all civil matters within no less than ninety (90) days preceding the trial date, the parties shall exchange a complete list of witnesses and exhibits. The offering party shall include a brief summary of the facts to which the witness will testify and/or a summary of the fact which the exhibit is intended to support.

CRITICAL

A non-marital claim concerning stocks requires compliance with the cited subsection.

Are you making a non-marital claim'? If yes, you must comply with VII(D)(10))

CRITICAL

Applies to

Pleading

A pleading for a matter on the Domestic Relations Commissioner’s docket must state the specified hearing notice in its Notice section.

Matters to be heard on the docket of the Domestic Relations Commissioner shall state same in the Notice section of the pleading as follows: Take Notice that the undersigned will appear before the Domestic Relations Commissioner of the Court on WEEKDAY, the day of MONTH, YEAR at the hour of local prevailing time, or as soon thereafter as may be heard

CRITICAL

Applies to

Pleading motion or other filing

Must include

case number

Every filed pleading, motion, or other paper must state the case number and the signing attorney's or party's typed or printed name, address, telephone number, and email address.

Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Motion for additional fee

A motion seeking an additional fee for a Guardian ad Litem must be accompanied by an affidavit supporting its basis; otherwise, the Clerk pays the deposited fee upon final judgment or another court order acknowledging completion of the appointment.

Unless a Motion for additional fee is filed, accompanied by an affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Guardian ad Litem upon the entry of a final judgment of the Court for the matter in which the Guardian ad Litem was appointed or upon other Order of the Court which acknowledges that the Guardian ad Litem has discharged his or her duties in satisfaction of the appointment.

CRITICAL

Applies to

Initiating pleading

Every initiating pleading filed with the Clerk must include a cover sheet signed by the Plaintiff or the Plaintiff’s counsel that identifies the parties, action, court, jury-trial request, and each defendant’s name, address, and required process type.

All initiating pleadings (Complaints, Petitions, etc.), when filed with the Clerk of the Court, shall be accompanied by a cover sheet signed by the Plaintiff or Counsel for the Plaintiff and designating the identities of the parties; the nature of the action; the court having jurisdiction; and, whether or not a trial by jury is requested, as well as a listing to include the name and address of each defendant which designates the type of process needed.

CRITICAL

Applies to

Affidavit

A motion for default judgment must include a Servicemembers' Civil Relief Act affidavit and an attorney affidavit stating the defendant's default and the absence of papers served or received.

If the matter is before the Court on a motion for default judgment, an affidavit pursuant to the Servicemembers' Civil Relief Act of 2003; and an affidavit of the Attorney stating that the Defendant(s) in default have failed to plead or otherwise defended as provided by the applicable rules of procedure; and, that no papers have been served on counsel by the party in default or received by counsel from the party in default.

CRITICAL

Applies to

Form attachment

For each vehicle, provide the payoff amount for any indebtedness, the date that amount was obtained, and a copy of the title.

For each vehicle, provide amount of payoff of any indebtedness (including date payoff amount obtained) and copy of title

CRITICALCriminal cases

Applies to

Commonwealth 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.

CRITICAL

Applies to

Pleading motion or other filing

A rubber stamp does not count as a signature under this rule or CR 11.

A rubber stamp shall not be deemed a signature either under this Rule or CR 11.

CRITICAL

Applies to

Form attachment

Provide verification of work-related child care expenses.

Verification of work: related child care expense

CRITICAL

Applies to

Form attachment

Attach recent brokerage statements or documentation of purchase and value for each investment.

Most. recent brokerage statements or documentation of purchase and for value for each investment

CRITICALCriminal cases

Applies to

Motion

The pretrial-diversion motion must be filed with the Circuit Court Clerk.

As with all other motions, the same shall be filed with the Circuit Court Clerk .

CRITICAL

Applies to

Form attachment

Attach the federal income tax return for the last year filed.

Federal Income Tax Return for the last year filed

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for diversion, counsel must state and the defendant must agree on the record to waive speedy-trial and final-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 final disposition of the charge against him/her is waived.

CRITICAL

Applies to

Jury instructions

The parties must tender proposed jury instructions to the Court at the final pre-trial conference.

At the final pre-trial conference, the parties will tender to the Court proposed jury instructions.

CRITICALCriminal cases

Applies to

Motion

If termination occurs before the contract expires and without the pretrial officer's consent, the pretrial officer must refer the case to the County Attorney, who must file a written motion to place it on the criminal docket for sentencing.

Where the termination is prior to the expiration of the contract period and without the consent of the pretrial officer, the pretrial officer shall refer the case to the County Attorney, who shall file a written motion requesting that the case be placed on the criminal docket for sentencing.

CRITICAL

Applies to

Mediator report

The mediator must report the mediation’s status and may, with the parties’ consent, identify matters that could facilitate settlement.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator also may identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.

CRITICAL

Applies to

Respondent waiver

The respondent must execute a waiver acknowledging receipt and accuracy of the financial disclosure, lack of advice from the petitioner's attorney, and the opportunity to seek separate counsel and whether counsel was sought or declined.

B. A Waiver executed by the Respondent acknowledging: (a). that he/she has received the Petitioner's Final Verified Financial Disclosure, (b) that it is a true and accurate statement of the parties' assets and liabilities, (c) that the Respondent has not been advised by the Petitioner's attorney, and (d) that the Respondent had an opportunity to seek individual counsel, and has either sought separate counsel or has declined to do so.

CRITICAL

Applies to

Motion seeking judicial sale

A motion seeking judicial sale of property must include an attorney affidavit documenting the specified title search and an attached title opinion containing the required information.

Every motion filed seeking judicial sale of property must include the following documents: An affidavit of the attorney for the party seeking a judgment and judicial sale of property that he/she has searched, or caused to be searched, the records of the applicable County Clerk, covering a period of at least thirty (30) years next proceeding the date of filing of the complaint continuing through the date and time recording of the Lis Pendens. In addition, Opinion relating to the applicable property and the named parties as their interests appear of record shall be attached. Said Title Opinion shall be required to be run to the date and time of the filing of the Lis Pendens in the County Clerk's office. Said Title Opinion shall note all delinquent property taxes and assigned certificates of delinquency.

CRITICAL

Applies to

Expert witness list

The Defendant must furnish an expert-witness list at least 90 days before trial with the specified contact, opinion, factual-basis, and qualification information; treating physicians who are fact and expert witnesses are treated as experts for timing purposes.

The Defendant shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than ninety (90) days preceding the trial date. The list shall include the name, address and telephone number of the expert, as well as a succinct summary of opinion which he/she is expected to give, and the facts he/she is expected to rely upon in forming that opinion, and a curriculum vitae or other documentation setting forth the qualification of the person to serve as an expert witness. Any witness who is both a fact witness and an expert witness (i.e. treating physician) shall, for the purpose of these timing provisions, be treated as an expert.

CRITICALCriminal cases

Applies to

Record statement

If the County Attorney refuses consent to diversion, the reasons must be stated on the record.

B. If the County Attorney refuses to consent to the Defendant's participation in the Diversion Program, hc/she shall state on the record the reasons therefore.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The order must set out diversion terms and conditions; the Court may require supervision and fees, with fees capped at the legal maximum.

Set forth the terms and conditions of the diversion . The Court may require supervision by the Corrections Cabinet, Division of Probation and Parole and shall determine the intensity of that supervision . The Court may order supervision fees. i n its discretion, but not to exceed the maximum amount permitted by law.

CRITICAL

Applies to

Commissioner report or recommendation

The Commissioner's reports and recommendations in contested matters must contain findings of fact and conclusions of law.

All reports and recommendations of the Commissioner in contested matters shall contain findings of fact and conclusions of law.

CRITICAL

Applies to

Request for judicial order

A person requesting an order for an in-chamber interview video must give the presiding Judge a written explanation identifying the requested portion and stating the request's specific purpose.

An individual requesting a judicial order must provide the presiding Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

CRITICALCriminal cases

Applies to

Motion

The motion form must include or be accompanied by the Commonwealth's Attorney's recommendation and must be signed by the defendant and both attorneys.

The above form shall include or be accompanied by the Commonwealth's Attorney's recommendation and shall be signed by the Defendant, Defense Attorney and the Commonwealth's Attorney .

CRITICAL

For each asset claimed as non-marital, provide the basis and approximate value of the claim and produce tracing documentation if available, or when it becomes available or as separately ordered.

10- NON-MARITAL INTEREST. For each asset in which you claim a non-marital interest, provide the basis and approximate value of non-marital claim. Documentation tracing any non- marital asset shall b: produced if available, and if not currently available, shall be produced when available, or as specified by separate court order.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must prohibit possession or control of a firearm or deadly weapon; the Court may also include the specified additional weapons.

Require that the defendant not possess or be in control of a firearm or other deadly weapon (as defined by KRS 500.080(4), which may further include black powder arms and/or instruments capable of propelling a projectile by compressed air or kinetic energy (long bow, cross bow or compound bow).

CRITICAL

Applies to

Affidavit

Each motion for default judgment or summary judgment and order of sale must include an affidavit with the specified knowledge and account, debt, cost, and default information.

Every motion for default judgment or summary judgment and order of sale shall be accompanied by the following: i. An affidavit signed by and sworn to by an individual(s) with personal knowledge or responsibility of the account or obligation for which judgment is sought or been previously awarded setting forth: (a) the name of the person(s) and/or entity(ies) owing the obligation, debt or judgment; (b) the amount owed with interest if any; (c) a schedule of costs; and, (d) the facts which constitute the default or acceleration of the obligation;

CRITICAL

Applies to

Form attachment

For each piece of real estate, provide a deed copy, documentation of all indebtedness and each debt’s unpaid balance and payoff with the date obtained, and the current tax assessment.

For each piece of rel estate, copy of deed, documentation of all indebtedness (i.e. mortgage, home equity loan, lens, etc.) including unpaid balance and payoff (with date payoff amount obtained) for each debt, and current tax assessment

CRITICAL

Applies to

Form attachment

Provide verification of the cost of the children’s portion of health or dental insurance, such as the difference between the cost of a single and family plan.

Verification of cost of health/dental insurance for children's portion (e.g. difference between cost of single and family plan)

CRITICALCriminal cases

Applies to

Pretrial diversion order

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

Require the defendant to obey all rules and regulations imposed by the Division of Probation and Parole .

CRITICALCriminal cases

Applies to

Diversion contract

The diversion contract must be presented to the Trial Judge for final approval when the plea is entered.

The contract shall be presented for final approval to the Trial Judge at the time of the entry of a plea,

CRITICAL

Applies to

Form attachment

Provide an explanation of the source, location, and amount of cash holdings.

Explanation of sour:c of cash holdings, location and amount of cash.

CRITICAL

Applies to

Aoc form 280

The parties must file AOC Form 280, individually or jointly, to notify the Commissioner that the matter is ready for submission.

The parties shall be responsible to file individually or jointly AOC Form 280 to notify the Commissioner the matter is ready to be taken under submission.

CRITICAL

Applies to

Verified financial disclosure

In a dissolution action where pleadings refer to marital property or debt incurred during the marriage, the initial moving party must prepare and file a Verified Financial Disclosure statement.

In any action for dissolution of marriage, if any pleadings refer to the existence of marital property or debt: incurred during the marriage, the party tendering the pleadings ("initial moving party") shall prepare and file a Verified Financial Disclosure ("VFD") statement in the form an. fashion as set forth in DrR Form 1, which is attached to these rules.

CRITICAL

Applies to

Original pleading or first responsive pleading

In actions involving child or spousal support, each party must file specified tax and earnings records with the original or first responsive pleading.

6.02 In any action wherein the support and maintenance of children or spousal maintenance is in issue, each party shall file with his/her original pleading or first responsive pleading a copy of his/hcr copics of the Federal 1040 Income Tax return, including the schedules thereto appended for the immediate past three (3) years, together. with W-2s and any 1099s received for those years; wage statements from his/her employer for the immediate prior cight (8) weeks; and/or documented cvidence of his/her earnings for the immedine prior three (3) months.