Breckinridge County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Provide any pertinent information in the “Other” section.

G. OTHER - provide pertinent information

CRITICAL

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

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

CRITICAL

Applies to

Agreed order

The parties may not modify schedules under this rule by agreement unless an agreed order is signed by the presiding judge.

7.10 No modification of the schedules set forth in this rule shall be made by agreement of the parties except as provided by agreed order signed by the presiding judge.

CRITICAL

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

Are you making a non-marital claim If yes, you must comply with Section VIU(D)(10))

CRITICALCriminal cases

Applies to

Pretrial diversion order

If applicable, the diversion order must require full restitution to the victim, which may be an entity.

Require the defendant to pay restitution to the victim (which may be an entity other than a natural person) in full. if applicable.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must require the defendant to commit no other offense.

Require that the defendant commit no other offense.

CRITICAL

Applies to

Agreed order

An agreed order modifying an existing order or condition must be noticed and docketed on the DRC docket before it is submitted to the Judge.

Any Agreed Order modifying an existing order(s) or conditions therein shall be noticed and docketed on the DRC docket prior to submission to the Judge of the Court.

CRITICAL

Applies to

Agreed order

An agreed order used to substitute or withdraw counsel must name the new counsel and be signed by all parties.

(A) An Agreed Order which names the "new" counsel and is signed by all parties;

CRITICAL

Applies to

Mediation outcome report

At the conclusion of mediation, the mediator must report the outcome to the Court without comment.

At the conclusion of mediation, the mediator shall report without comment to the Court the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated).

CRITICAL

Applies to

Motion

A person seeking an order for confidential video records must file a written motion stating the request's purpose and give notice to all parties, including the child's Guardian Ad Litem, if any.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose of the request.

CRITICAL

Applies to

Verified financial disclosure statement

A party making a non-marital claim concerning a vehicle must comply with Section VIII(D)(10).

Are you making a non-marital clam? _ If yes, you must comply with Section VIII(D)(10))

CRITICAL

Provide the business’s last-filed income tax return and documentation of income earned or received through the business during the last 24 months.

owner, shareholder, partner, etc.), provide a copy of last income tax returned filed by business and documentation o income earned (or portion received) through business during last twenty- four (24) months)

CRITICAL

Applies to

Child support guideline worksheet

Counsel must file a completed child support guideline worksheet.

It shall be the responsibility of counsel to file (1) a completed child support guideline worksheet pursuant to FCRPP 4(1);

CRITICAL

For each debt, provide the last statement or other documentation of the unpaid balance, or explain why documentation is unavailable.

1. For each debt, provide the last statement or documentation of unpaid balance, or explain why documentation is not available

CRITICAL

Applies to

Motion

Must include

certificate of service

A certificate must state that a copy of the tendered judgment and order of sale was served on the Master Commissioner when the motion is filed.

A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.

CRITICAL

Applies to

Motion

A motion requesting entry of the Status Quo Order must state that the respondent has ten days to object to its entry.

The Motion must state that the Respondent has ten days to file an objection to entry of said Order.

CRITICAL

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

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

CRITICAL

Applies to

Proposed judgment

The proposed judgment and order of sale must include the specified public-auction, appraisal, advertising, and sale-term provisions.

The Master Commissioner of this Court is hereby directed to sell the real estate described in the judgment at public auction to the highest bidder on the _day of → 20, at a.m./p.m. local time at the county courthouse after first having caused the property to be appraised according to law; and having advertised the sale as to the time, terms and place by posting handbills at the courthouse and on or near the property to be sold for at least fifteen (15) days prior to the date of sale, also by inserting notice thereof as to its time, terms and place of sale together with a street address or short description of said parcel of land once a week for three (3) successive weeks next preceding the date of sale in the newspaper with the largest bona fide circulation published in this County. The real estate shall be sold on terms of ten percent (10%) down and the balance on credit of forty-five (45) days, bearing interest at the rate of twelve percent (12%) per annum from date of sale until the purchase price is paid."

CRITICAL

The declarant must verify under penalty of perjury that the form and attachments are true and acknowledge reading and following the attached instructions to the best of their ability.

L, › declare inder penalty of perjury that the information contained herein, including the information provided on any schedules and attachments, is true and accurate to the best of my knowledge, information and belief. Further, I acknowledge that I have read the attached instruction sheet and have followed the instructions to the best of my ability.

CRITICAL

Applies to

Verified financial disclosure statement

A party making a non-marital claim concerning real estate must comply with Section VIII(D)(10).

Are you making a non-marital claim" If yes, you must comply with Section VIII(D)(10)

CRITICAL

Applies to

Motion

Each motion must be verified or supported by the movant's affidavit(s).

Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.

CRITICAL

For each debt designated as non-marital, identify who should assume responsibility and explain why.

2. For each debt designated as "non-marital," list the party you think should assume responsibility for said debt and why

CRITICAL

Applies to

Agreed order

When a civil action set for trial settles, the parties must immediately notify the Clerk and presiding Judge by an agreed order remanding the matter and stating the settlement terms and conditions.

7.08 - Upon the settlement of any civil action which is set for trial, the parties shall immediately notify the Clerk of the Court and the presiding Judge by means of an agreed order remanding the matter from the trial docket and setting forth, with as much particularity as the parties determine is necessary and appropriate, the terms and conditions of settlement.

CRITICAL

Applies to

Pleading

All pleadings must provide the personal identifying information required by the cited KRS chapters.

In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICALCriminal cases

Applies to

Community service recommendation

A Commonwealth's Attorney recommendation for community service must specify the service and how the defendant's performance will be supervised and reported.

A provision requiring the defendant to perform community service as recommended by the Commonwealth's Attorney . Any such recommendation shall set forth the service to be performed . the manner in which the defendant's performance will be supervised and reported to the Court .

CRITICAL

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

Are you making a non-marital claim! If yes, you must comply with VIII(D)(10))

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

Upon approval to participate in the Diversion Program, the accused must sign a statement waiving the right to a speedy trial.

Upon approval for participation in the Diversion Program, the accused must sign a statement waiving his/her right to a speedy trial.

CRITICAL

Applies to

Motion

Must include

proposed order

Except for motions heard before the Domestic Relations Commissioner, each motion requesting judicial relief must include a proposed order stating the requested relief and the specified attorney information.

Excluding motions to be heard before the Domestic Relations Commissioner, each Motion requesting judicial relief shall be accompanied by a proposed Order setting forth the particulars of the relief sought and including the name, address, telephone number, statement of representation and signature of the attorney by whom said Order is tendered.

CRITICAL

Applies to

Uncontested dissolution filing

For an uncontested dissolution or one with agreement on all issues, a Final Verified Financial Disclosure or, if the AOC-238 was filed, an affidavit stating there have been no changes in circumstances must be filed.

A. A Final Verified Financial Disclosure required by FCRPP3(3)(b) or an Affidavit that there no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

CRITICALCriminal cases

Applies to

Diversion contract

The diversion contract must include any special terms required by the Trial Judge.

The Diversion Contract shall further contain any special terms required by the Trial Judge.

CRITICAL

Applies to

Commonwealth report

When it recommends diversion, the Commonwealth must submit a written report stating the recommended diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, Commonwealth must make a written report to he Court as to the recommended conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreemer t is unsuccessful. (KRS 533.252(3)).

CRITICAL

Applies to

Submission for final adjudication

When an action is submitted for final adjudication, counsel or unrepresented parties must file AOC Form 280 with the Judge, Circuit Court Clerk, and Administrative Office of the Courts.

In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Circuit Court Clerk and Administrative Office of the Courts.

CRITICAL

Applies to

Form attachment

Attach three paycheck stubs, with the form describing them as “most recert.”

Three (3) most recert: paycheck stubs

CRITICALCriminal cases

Applies to

Diversion report

A diversion report shall be prepared by the Pretrial Service Office of the Court and such report shall contain basic pretrial information, record of any past offenses and

A diversion report shall be prepared by the Pretrial Service Office of the Court and such report shall contain basic pretrial information, record of any past offenses and

CRITICAL

Applies to

Proposed judgment

The proposed judgment and order of sale must state how the court acquired jurisdiction over each party, using the specified service-and-date wording.

A proposed judgment and order of sale, which contain the following provisions: 1. A statement of the manner in which the Court has acquired jurisdiction over the parties to the action; to wit,iThe Defendant, , is before the Court by means of (TYPE OF SERVICE) which was accomplished on (DATE)."

CRITICAL

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

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

CRITICAL

Applies to

Remand notice and motion

When a matter is remanded to the DRC for additional hearings or recommendations, counsel must file a notice and motion to notify the DRC and schedule the hearings, or comply with the judge's order.

In the event a matter is remanded to the DRC by the Judge of the Court upon objections/exceptions for additional hearing(s) or recommendations, it shall be the responsibility of counsel to file a notice and motion to notify the DRC and to schedule any additional hearing(s) or to comply with the Order of the Judge of the Court.

CRITICAL

Applies to

Proposed judgment

The proposed judgment and order of sale must contain the complete source of title for the property, and an attachment reference alone is not sufficient.

The typed or machine printed legal description of the property to be sold with a complete source of title. (A reference to an attachment will not be sufficient).

CRITICAL

Applies to

Entry and appearance

An entry and appearance must not be signed before the petition is filed.

No entry and appearance shall be signed prior to the filing of the petition.

CRITICAL

Applies to

Form attachment

Attach documentation of all other income for the past 48 months, including its source and the amount received year-to-date.

Documentation of all other income for the past 48 months, including source of income and amount of income received year-to-date

CRITICAL

Applies to

Agreements and agreed orders

All agreements and agreed orders must include the correct mailing address for every attorney and party.

All Agreements and Agreed Orders shall contain the correct mailing address for all attorneys and parties.

CRITICAL

Applies to

Case data sheet

The Case Data Sheet (Form AOC-FC-3) must be fully completed in every case.

Case Data Sheet (Form AOC-FC-3) must be fully completed in all cases.

CRITICAL

List any other assets in which you have an interest and provide documentation of the non-marital interest’s value, acquisition date, and source.

9. Provide a list describing any other assets you have an interest in, including any documentation as to the value of the non-marital interest, date asset was acquircd, and source of non-marital interest (trace and document non-martial funds used to acquire each asset)

CRITICAL

Applies to

Pleading

A pleading for a matter to be heard on the Domestic Relations Commissioner’s docket must include the specified 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 a.m./p.m. local prevailing time, or as soon thereafter as may be heard to make the following Motion."

CRITICAL

Applies to

Waiver

The Respondent must sign the Waiver before a notary who is not an employee of Petitioner's counsel, or before the Circuit Court Clerk or a Deputy Clerk.

The Respondent shall sign the Waiver in front of a notary (not an employee of the Petitioner's counsel) or the Clerk/Deputy Clerk at the Circuit Court Clerk's Office.

CRITICAL

Applies to

Mediation agreement

A handwritten or recorded mediation agreement must be typed and signed by all parties and their counsel, if any, within 10 working days.

Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.

CRITICAL

Applies to

Expert witness list

The Plaintiff must furnish an expert-witness list at least 120 days before trial, including each expert’s contact information, expected opinion, supporting facts, and qualifications.

In all civil matters, the Plaintiff shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than one-hundred and twenty (120) 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 the opinion which he/she is expected to give, 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.

CRITICAL

Applies to

Tendered order

Every tendered order must include a distribution list identifying the party or counsel and all other recipients to whom the Clerk must distribute copies.

Any tendered Order shall include a distribution list setting forth the name of the party and/or counsel for the party and all other persons or entities to whom copies must be distributed by the Clerk.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must establish the deferred-sentence duration, which cannot exceed the legislature’s maximum duration for the offense.

Establish the duration of the sentence being deferred, which shall be of no greater duration than the maximum duration imposed by the legislature for the offense to which the defendant plead guilty in reliance upon the deferral agreement.

CRITICALCriminal cases

Applies to

Commonwealth report

When recommending diversion, the Commonwealth must report the recommended conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended. Commonwealth must make a written report to the Court as to the recommended conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . (KRS 533 .252(3)).