Bullitt Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Status quo order

After a Petition or Complaint for Dissolution or Legal Separation is properly filed, the Clerk must submit an AOC-237 Status Quo Order to the appropriate Judge with notice for hearing.

Subsequent to the proper filing of a Petition/Complaint for Dissolution or Legal Separation, the Bullitt Circuit Court Clerk shall submit to the appropriate Judge a Status Quo Order using AOC-237 with notice for hearing.

CRITICALCivil cases

Applies to

Original petition complaint

An original petition or complaint for dissolution, legal separation, custody, or child support must be accompanied by a properly completed AOC-FC-3 case data information sheet complying with CR 7.03, or the clerk will decline and return it unrecorded.

The party filing an original action for Dissolution, Legal Separation, Custody, or Child Support shall submit with the Petition/Complaint a properly completed Case Data Information Sheet using form AOC-FC-3 which shall adhere to CR 7.03. The Circuit Court Clerk shall decline to file into the record and return unrecorded any original Petition/Complaint for Dissolution, Legal Separation, Custody, or Child Support which is not accompanied by a properly completed Case Data Information Sheet AOC-FC-3 prepared in accordance with CR 7.03.

CRITICALCivil cases

Applies to

Order or judgment

The clerk or deputy clerk processing an order or judgment must affix their name to indicate that distribution is complete.

The Circuit Court Clerk or Deputy Circuit Court Clerk who processes the Order/Judgment shall affix his or her name to signify that distribution has been completed.

CRITICALCivil cases

Applies to

Entry of appearance waiver or agreement

A pro se party must sign and acknowledge an Entry of Appearance, Waiver, or Agreement before a notary or Deputy Circuit Court Clerk, not the opposing party’s attorney or that attorney’s staff.

A. An Entry of Appearance, Waiver, or Agreement signed by a person not represented by counsel (pro se party) shall be signed and acknowledge before a Notary or Deputy Circuit Court Clerk. Signatures of a pro se party shall NOT be notarized by the attorney (or staff in the office of the attorney) who represents the opposing party.

CRITICALCivil cases

Applies to

Child testimony

A child must not be kept out of school to testify in a domestic relations matter without prior Court approval.

In no case shall a child be held out of school to testify in a domestic relations matter without the prior approval of the Court.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must make a favorable or unfavorable recommendation on every application.

The Commonwealth is statutorily required to make a recommendation, whether favorable or unfavorable, on every application .

CRITICALCivil cases

Applies to

Verified financial disclosure form

Parties must use form AOC-238 for the Verified Financial Disclosure Form.

The parties are required to use form AOC-238.

CRITICALCriminal cases

Applies to

Written recommendation

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

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

CRITICAL

Applies to

Motion

The specified motions must be filed with a memorandum of authority and state with particularity the requested relief, grounds, and argument.

They shall be filed with a memorandum of authority and shall state with particularity the relief requested and the grounds and argument therefore.

CRITICALCivil cases

Applies to

Motion for appointment

In an action that does not require a guardian ad litem, a party who believes appointment of a Friend of the Court or guardian ad litem is in the child's best interest must file the appropriate motion.

In any action not requiring the appointment of a guardian ad litem, but where a Party believes that appointment of a Friend of the Court or guardian ad litem is in the best interest of the child (ren), the party shall file the appropriate motion.

CRITICALCivil cases

Applies to

Juvenile petition

The person filing a juvenile division petition must complete it in full.

Any petition filed in the juvenile division of the Family Court must be completed in full by the person filing the petition.

CRITICAL

Applies to

Discovery requests or responses

The listed discovery requests and their responses may be filed with the clerk only if attached to a motion or containing the prescribed certificate.

None of the following pleadings, papers, or portions thereof, shall be filed with the clerk, nor any responses thereto, unless attached to a motion or containing the certificate set forth below: 1. Interrogatories propounded under CR 33; 2. Requests for Production or Inspection made under CR 34; 3. Requests for Admission under CR 36.

CRITICALCriminal cases

Applies to

Pretrial diversion motion

AOC Form 347, styled MOTION FOR PRETRIAL DIVERSION OF A CLASS D FELONY, which contains the Commonwealth's recommendation and is signed by the defendant, defense attorney, and the Commonwealth's Attorney, will be filed by the Commonwealth with the Circuit Court Clerk.

AOC Form 347, styled MOTION FOR PRETRIAL DIVERSION OF A CLASS D FELONY, which contains the Commonwealth's recommendation and is signed by the defendant, defense attorney, and the Commonwealth's Attorney, will be filed by the Commonwealth with the Circuit Court Clerk.

CRITICAL

Applies to

Videographer certificate

The videographer must file a certificate identifying the recording.

The videographer shall mark the recording with the style and number of the action and the name of the witnesses and shall file a certificate which identifies the recording.

CRITICALCivil cases

Applies to

Motion

Each plea for relief must be presented in a separate motion.

To accommodate the process of e-filing and the computerized documentation of the record, it is required that each plea for relief be made as a separate Motion and include a separate proposed Order.

CRITICALCivil cases

Applies to

Motion for final decree

If a motion for final decree is made more than 60 days after proof was taken, an affidavit stating that the marital relationship has not resumed and no material circumstances have changed must be filed.

When a motion for final decree is made more than sixty (60) days after proof has been taken, an affidavit shall be filed stating that there has been no resumption of the marital relationship and that no material change in circumstances has occurred since the taking of the proof.

CRITICALCivil cases

Applies to

Motion for compensation

A motion for compensation for fees paid by the Finance and Administration Cabinet must include the FINGAL-1 form.

Motions for compensation for fees that are paid by the Finance and Administration Cabinet shall be accompanied by the FINGAL-1 form available for download from Kentucky Finance Administration Cabinet website.

CRITICAL

Applies to

Motion

A motion and its memorandum must include a copy of the discovery requests in dispute.

The motion and memorandum shall also be accompanied by a copy of the discovery requests in dispute.

CRITICAL

Applies to

Certificate

The prescribed certificate must state familiarity with Kentucky Rule of Civil Procedure 5.06 and that the pleading conforms to that rule, followed by the attorney’s typed name and signature.

The Certificate is: Certificate Pursuant to BCR 200.60 I hereby certify that I am familiar with Kentucky Rule of Civil Procedure 5.06 and this pleading is filed in conformity with this Rule. Typed Name of Attorney Signing Certificate

CRITICAL

Applies to

Pleading and legal paper

Must include

caption

Pleadings and legal papers must have a centered heading at the beginning of the first page, using the specified court and division information and the appropriate civil or criminal case number format.

The headings of all pleadings and legal papers in all civil and criminal cases shall be styled at the beginning and center of the first page as follows: COMMONWEALTH OF KENTUCKY BULLITT CIRCUIT COURT DIVISION NO. 07-CI-_ (in civil action) OR NO. 07-CR- _(in criminal action)

CRITICALCivil cases

Applies to

AOC-CFCRB-14 form

For a child placed with a relative or fictive kin, the form must provide the relative's name and relationship or the fictive kin's name and basis for the relationship.

When a child is place with a relative or fictive kin the form shall include the name of the relative and relationship to the child or the name of the fictive kin and the basis for a fictive kin relationship.

CRITICALCivil cases

Applies to

Petition for dissolution or child custody

A Case Data Information Sheet (Form AOC-FC-3) must be filed with a dissolution or child-custody petition.

A Case Data Information Sheet shall be filed with the petition for dissolution and/or child custody. (Form AOC-FC-3).

CRITICAL

Applies to

Copy of BCR 1000

The party noticing an electronic deposition must provide the videographer with a copy of BCR 1000.

The party noticing the deposition shall provide the videographer with a copy of BCR 1000.

CRITICALCivil cases

Applies to

Protective order petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the action is under KRS Chapter 403 or KRS Chapter 456.

The Judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

CRITICALCivil cases

Applies to

Proposed exhibit

The party introducing an exhibit must provide copies to the opposing party.

2. Provide copies for opposing party.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred because of a pending dissolution or custody matter, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit, if there is a pending dissolution or custody matter. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Expert witness disclosure

A party’s expert disclosure must identify each expected trial expert and state the subject matter of the expert’s testimony.

A party shall identify each person whom the party expects to call as an expert witness at trial. A party shall state the subject matter on which the expert is

CRITICAL

Applies to

Agreement of counsel or court ruling

The agreement of counsel or court ruling resolving recording-transcript discrepancies must state how the discrepancies will be handled.

The decision on the manner in which to handle the discrepancies shall be included in the agreement of counsel or ruling of the Court.

CRITICALCivil cases

Applies to

Pleading

Later pleadings must use the parties' names as styled in the initiating document unless a court order has amended the style.

D. In all pleadings after the initiating document the parties shall use the names of the parties as indicated in the style of the original initiating document unless a court order has been entered in the interim to amend the style.

CRITICALCivil cases

Applies to

Tendered order or judgment

An attorney tendering an order or judgment must put a distribution list with recipients' names and delivery addresses at the bottom, followed by the prescribed distribution block.

A. The attorney shall affix to the bottom of any tendered Order or Judgment the distribution list of individuals to receive copies of the tendered Order or Judgment. In addition to the names of the individuals, the attorney shall include the delivery address of each individual. The attorney shall also affix the following: Distribution by: Deputy Bullitt Circuit Court Clerk Date:

CRITICAL

Applies to

Indictment

The Commonwealth must note on the face of each indictment whether service will be made by warrant or criminal summons.

The Commonwealth shall note on the face of each indictment whether service shall be made by the issuance of a warrant or by the issuance of a criminal summon.

CRITICAL

Applies to

Discovery materials

Discovery furnished by either party under the Rules of Criminal Procedure must be filed of record.

All discovery furnished by either the Commonwealth or defendant pursuant to the Rules of Criminal Procedure shall be filed of record.

CRITICALCivil cases

Applies to

AOC-CFCRB-14 form

When “FOSTER PARENT” is indicated, the form must omit the foster parent's name and address and state that the Cabinet has custody.

Where "FOSTER PARENT" is indicated the form shall not include the foster parent's name and address, but shall instead state that the Cabinet has custody.

CRITICALCivil cases

Applies to

Petition for dissolution

A Certificate for Divorce or Annulment (VS-300) must be filed with a petition for dissolution.

A Certificate for Divorce or Annulment, VS-300, shall be filed with the petition for dissolution.

CRITICALCivil cases

Applies to

AOC-CFCRB-14 form

The County Attorney must file a completed AOC-CFCRB-14 form in each DNA action, including each child's parents' names and last known addresses.

The County Attorney shall complete and file in each DNA action an AOC-CFCRB-14 form that includes the name and last known address of the father and mother of each child.

CRITICAL

Applies to

Videotaped deposition certificate

A certificate identifying the recording must be filed.

and to file a certificate which identifies the said recording.

CRITICALCivil cases

Applies to

AOC-CFCRB-14 form

When “OTHER” is indicated, the form must name any paramour or former paramour who is the parent of the child's half-sibling.

Where "OTHER" is indicated the form shall include the name of any paramour or former paramour who is the parent of a half-sibling to the child.

CRITICAL

Applies to

Motion

Each motion must include its notice on the front page.

Notice shall be on the front page of each motion.

CRITICALCivil cases

Applies to

Case heading

The case heading must use the prescribed Commonwealth of Kentucky, Bullitt Circuit Court, Family Court division, and civil action number format.

The heading of the case shall read (division as applicable): COMMONWEALTH OF KENTUCKY BULLITT CIRCUIT COURT FAMILY COURT, DIVISION TWO (2)/THREE (3) CIVIL ACTION NO.:

CRITICAL

Applies to

Response to motion

A response to the motion must be filed pursuant to CR 37.

Response to the motion shall be filed pursuant to CR 37.

CRITICALCivil cases

Applies to

Custody parenting time objection

Any objection to a motion for Custody/Parenting Time shall also be accompanied by a proposed parenting time schedule that shall consider the presumption that Parenting Time should be shared equally between the parties.

Any objection to a motion for Custody/Parenting Time shall also be accompanied by a proposed parenting time schedule that shall consider the presumption that Parenting Time should be shared equally between the parties.

CRITICAL

Applies to

Trial memorandum

Each Trial Memorandum must describe the factual situation and concisely state each disputed legal issue recognized by that party.

Each party shall file a Trial Memorandum with the court at least fifteen (15) days before trial setting forth a description of the factual situation and a concise statement of each disputed issue of the law recognized by that party.

CRITICALCivil cases

Applies to

Respondent acknowledgment of petitioners mandatory case disclosure

The parties may choose for the Respondent to file a notarized acknowledgment instead of Form AOC-238/239, stating that there are no other assets or debts and that the Respondent agrees with the Petitioner’s disclosure.

At the option of the parties, the Respondent may, in lieu of filing the Form AOC-238/239, sign and file an acknowledgement of the Petitioner's mandatory case disclosure before a notary or Deputy Circuit Court Clerk. The acknowledgment shall state that there are no other assets or debts other than those listed in the Petitioner's mandatory case disclosure and that the Respondent agrees with the contents as stated in the Petitioner's statement.

CRITICAL

Applies to

Proposed jury instructions or proposed findings of fact and conclusions of law

At least five (5) days prior to trial each party shall file proposed jury instructions or proposed findings of fact and conclusions of law as appropriate.

At least five (5) days prior to trial each party shall file proposed jury instructions or proposed findings of fact and conclusions of law as appropriate.

CRITICAL

Applies to

Edited videotape

An edited version of the videotape must be presented at trial.

An edited version shall be presented at trial.

CRITICAL

Applies to

Bill of particulars

The Commonwealth must furnish a bill of particulars stating the applicable listed information about each alleged offense.

The Commonwealth shall furnish the defendant with a bill of particulars setting forth so much of the information specified herein as is applicable to the facts of this case. (1) The date or dates of each alleged offense. If a particular alleged offense occurred on more than one date, the nature of the conduct which occurred on each specific date. (2) The location at which each alleged offense occurred. (3) The time of date when each offense occurred. (4) The identity of each and every eyewitness to each offense alleged therein. (5) Where a specific mental state is alleged for any offense charged therein, the specific conduct upon which the Commonwealth will rely to prove each such alleged offense. (6) The identity of any person present at the time of the commission of any alleged offense who did not witness each alleged offense.

CRITICALCivil cases

Applies to

Motion or pleading

For actions involving multiple children with separate case numbers, an original of each motion or pleading must be filed in every sibling's case.

In actions involving multiple children (each child having her/his individually assigned case number), an original of each motion/pleading shall be filed in each individual sibling's case before the Court.

CRITICALCriminal cases

Applies to

Plea agreement

The diversion plan must be submitted to the Court as part of a plea agreement.

The diversion plan will be submitted to the Court as part of a plea agreement .

CRITICALCriminal cases

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must submit written recommendations addressing the 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).

CRITICALCivil cases

Applies to

Guardian ad litem appointment motion

Must include

proposed order

In adoption or termination-of-parental-rights actions requiring a guardian ad litem, a party or counsel must move for appointment and tender an order appointing the guardian ad litem for the child.

In all actions for termination of parental rights or adoption that require appointment of a guardian ad litem, a party pro se or counsel shall make a motion and tender an Order for appointment of a guardian ad litem for the child (ren).