Breckinridge County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Motion

Each motion must be verified or supported by the movant’s affidavit(s), which must be served on the adverse party with the motion.

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

Applies to

Mediation agreement

An agreement reached during mediation must be written and signed by the parties; the mediator may assist with drafting if they consent.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.

CRITICAL

Applies to

Motion for additional fee

A motion seeking an additional fee for a Warning Order or Military Warning Order Attorney must be accompanied by an affidavit supporting its basis; otherwise, the Clerk pays the deposited fee after the judge enters an order acknowledging the report was filed in satisfaction of the appointment.

Unless a Motion for additional fee is filed accompanied by affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Warning Order/Military Warning Order Attorney upon the entry of an Order by the presiding judge which acknowledges the filing of the report of same in satisfaction of the appointment in conformance with the applicable statutes and rules.

CRITICAL

Applies to

Form attachment

For each business interest, list the business name and the extent of the interest or title in the business; the available text is cut off after this instruction begins.

For each business interest, list name of business, extent of interest or title in business (l.e.

CRITICAL

Applies to

Form attachment

Attach the declaration page of each life insurance policy and documentation of cash surrender values.

Declaration page of life insurance policies and documentation of cash surrender values

CRITICAL

Applies to

Petition

A Case Data Information sheet, Form AOC-FC-3, must be filed with the petition.

A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).

CRITICAL

Applies to

Report and recommendation

Reports and recommendations in contested matters must contain findings of fact and conclusions of law.

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

CRITICAL

Applies to

Order to remand

Upon acceptance of a plea offer resolving a criminal matter set for trial, the Commonwealth must tender an Order to Remand.

Upon acceptance by the Defendant of a plea offer resolving any criminal matter set for trial, the Commonwealth shall tender an Order to Remand the matter from the trial docket.

CRITICAL

Applies to

Motion for child support or responsive pleading

In actions involving child support, each party must file a compliant Child Support Worksheet with a child-support motion or responsive pleading.

6.03 If any action wherein child support is in issue, the parties shall each file with their motion for child support or any responsive pleading a Child Support Worksheet in conformity with KRS 403.211, 403.212, and 403.213 in the Form attached to these rules as DrR Form 2.

CRITICALCriminal cases

Applies to

Diversion contract

The diversion contract must specify its conditions, referral services, length, and any required restitution or community service.

Upon agreement of the County Attorney and the Defendant regarding participation in the Diversion Program, the accused shall meet with the pretrial officer to establish and agree to a formal contract, which shall specify the conditions required, the referral services to be used, the length of the contract, and the need, it any, for the accused to make required restitution or perform community service.

CRITICAL

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.

CRITICALCriminal cases

Applies to

Written statement

The accused may voluntarily terminate participation at any time by submitting a written statement indicating the termination.

At any time the accused may voluntarily choose to terminate participation in the Diversion Program by submitting a written statement indicating same.

WARNING

Applies to

Form

Mark each requested item A if attached, U if unavailable and provide an explanation on a separate page, or N/A if not applicable.

In the spaces provided, mark as follows: "A" = to indicate that the requested document/information is attached "U" = to indicate that the requested document/information is unavailable (Provide explanation on a separate page) "N/A" - if not applicable

WARNING

Applies to

Proposed findings conclusions order judgment

The Commissioner may require parties to submit proposed findings of fact, conclusions of law, and an order or judgment after a pendente lite or final hearing.

At the conclusion of any pendente lite or final hearing, the Domestic Relations Commissioner may require the parties to file Proposed Findings of Fact, Conclusions of Law and Order/Judgment within fifteen (15) days, at which time the period of time for the Commissioner to file a report, finding or recommendation under KRS 454.350(2) shall begin.

WARNING

Applies to

Application for confirmation

If objections are filed, a party may seek confirmation of the report by properly filing a notice and motion.

If objections are filed, any party may apply to the Court for confirmation of the report by notice and motion properly filed

WARNING

Applies to

Proposed judgment

For a sale to divide jointly held property rather than enforce a lien, omit the appraisal language from the order of sale.

If the purpose of the sale is to divide jointly held property and not to enforce a lien against the property, the language "having caused the property to be appraised according to law" and shall not be included in the order of sale.

WARNING

Applies to

Application for confirmation

A party seeking confirmation of an objected-to report may apply by properly filing a notice and motion.

If objections are filed, any party may apply to the Court for confirmation of the report by notice and motion properly filed.

INFO

Applies to

Motion

A motion accompanied by an order that will be final and appealable may also include proposed findings of fact and conclusions of law when required by law.

If the Motion requests and is accompanied by an Order which will be final and appealable, said Motion may be accompanied by Proposed Findings of Fact and Conclusions of Law, if such Findings and Conclusions are required by law.

INFO

The mediator may require the parties to submit a confidential case statement or other materials considered appropriate for conducting the mediation.

The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference.