Bullitt Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Sealed envelope

The sealed envelope must state that it may be opened only by the filing party, another participant with written permission, or by court order.

The envelope shall be marked with an admonition stating that it may be opened only by the party filing said envelope or by any other participant in the case upon written permission of the filing party or by Order of this Court.

CRITICAL

Applies to

Information copy

When a defendant is charged by information, the Commonwealth must file a copy of the information with the clerk.

In the event that a defendant is charged by information, the Commonwealth shall file a copy of the information with the clerk.

CRITICALCivil cases

Applies to

Notice for hearing

If the fee is not tendered within 30 days after appointment, the FOC/GAL must file notice seeking a hearing to relieve the appointment.

In the event that no fee is tendered within thirty (30) days of the entry of an Order appointing, the FOC/GAL shall file notice with the Court for hearing to relieve the appointment.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion must include a proposed Order with a judge’s signature line reading “Judge, Bullitt Circuit Court, Division One.”

All motions shall be accompanied by a proposed Order with a signature line for the judge. The signature line for the judge shall read: Judge Bullitt Circuit Court Division One

CRITICALCivil cases

Applies to

Pleading

Pleadings must provide the personal identifying information required by the cited Kentucky statutes.

In addition, 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.

CRITICALCivil cases

Applies to

Written permission

Written permission to open the sealed envelope must be signed and acknowledged before a notary or Deputy Circuit Court Clerk.

The written permission must be signed and acknowledged before a notary or Deputy Circuit Court Clerk.

CRITICAL

Applies to

Expert witness disclosure

If requested, parties must literally comply with CR 26.02 (4)(a)(i) for all expert witnesses.

(1) If a request is made therefore there must be a literal compliance with the requirements of CR 26.02 (4)(a)(i) for all expert witnesses.

CRITICAL

Applies to

Discovery compliance certificate and materials

The Commonwealth must certify compliance and file the certification and all discovery and exculpatory evidence in the case record.

The Commonwealth shall certify its compliance with this rule and file a copy of said certification and all discovery and exculpatory evidence as part of the record in the case.

CRITICALCivil cases

Applies to

Mandatory case disclosure

A complete disclosure for each party, or the Petitioner’s complete disclosure plus the Respondent’s acknowledgment, must be filed even when all issues are resolved by agreement, except when dissolution is granted by default judgment and all other issues are reserved.

A complete mandatory case disclosure for each party, or a complete mandatory case disclosure of the Petitioner coupled with an acknowledgement by the Respondent as provided for in RBFC 704(B), shall be filed in all cases even if all issues are resolved by agreement except in cases where dissolution is granted by default judgment and all other issues are reserved.

CRITICALCivil cases

Applies to

Motion for final decree

If a party desires restoration of a former name, a written request must be filed unless that request is already provided for in specified prior filings or the agreement.

2. A written request for restoration of a party's former name, if desired, unless the request is provided for in prior pleadings, entries of appearance or the agreement.

CRITICAL

Applies to

Order

A party submitting an order for entry must place a distribution list at the bottom naming each individual to whom the clerk should distribute copies.

(b) Any party who submits an order for entry by the court shall set forth, at the bottom of that order, a distribution list substantially in the form set forth in this rule, which shall list each individual to whom the clerk shall distribute copies.

CRITICAL

Applies to

Statement of appeal

The appellant must submit an available audio, videotaped, or digital copy of relevant district court proceedings with the statement of appeal.

Along with the filing of the statement of appeal, the appellant shall tender, if available, an audio, video taped or digital copy of any district court proceedings relevant to the appeal.

CRITICAL

Applies to

Evidence list

A list of trial documentary evidence and exhibits must be filed in the record with the witness list.

(c) Each party shall make available to opposing counsel all documentary evidence and exhibits of any kind to be presented at trial for inspection and copying at least fifteen (15) days before trial. A list of such evidence shall be filed in the record with the witness list.

CRITICALCivil cases

Applies to

Motion for compensation

Appointed guardians ad litem whose fees are not paid by the Cabinet may not withdraw compensation from escrow until the Court has approved a proper motion.

Attorneys who are on the approved appointment list to serve as guardians ad litem and whose fees are not paid by the Finance and Administration Cabinet shall not withdraw from escrow any funds tendered for compensation until proper motion has been made to and approved by the Court.

CRITICALCivil cases

Applies to

Motion for entry of decree

One of the specified AOC form sets must be filed unless it is already in the Court's record before the motion for entry of decree.

4. AOC Form 238/239 or AOC Form 238.3/239.3 unless filed in the Court's record prior to the Motion for Entry of Decree.

CRITICAL

Applies to

Trial assignment order

Every order assigning a bench or jury trial must include the stated BCR 300 compliance language.

All Orders assigning a case for bench or jury trial shall contain the following language. All parties shall comply with the provisions of BCR -300 as if the same were set out in full in this order.

CRITICAL

Applies to

Protective order petition

Petitions seeking protection under KRS 403 or KRS 456 must use form AOC-275.1 and be accepted and filed with the court.

All petitions requested, completed and signed by persons seeking protection under KRS 403 or KRS 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICALCivil cases

Applies to

Motion for appointment

A party seeking appointment of a Warning Order Attorney or Military Warning Order Attorney must file a motion complying with CR 4.05 and 4.06 and pay a $200 fee, unless permitted to proceed in forma pauperis.

Any party, except one permitted to proceed in forma pauperis, who desires the appointment of a Warning Order Attorney/ Military Warning Order Attorney (WOA/MWOA), shall file a Motion for the Appointment of same which Motion complies with CR 4.05 and 4.06 and a fee of two hundred ($200.00) dollars.

CRITICALCivil cases

Applies to

Motion

The Clerk must decline and return a motion unrecorded if it lacks the proper division assignment, is not filed for a hearing time scheduled by that division, or lacks the required orders.

Any motion not bearing the appropriate division assignment, filed for a date and time at which the assigned division schedules the hearing of such, and not accompanied by the requisite orders) shall be declined for filing by the Circuit Court Clerk and returned unrecorded to the movant.

CRITICALCivil cases

Applies to

Judge signature line

The judge's signature line must use the prescribed name, title, court, and applicable division format.

The signature line for the judge shall read (division as applicable): HON. (INSERT APPROPRIATE NAME) JUDGE, BULLITT CIRCUIT COURT FAMILY COURT, DIVISION TWO (2)/THREE (3)

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must have an appended counsel certificate stating that counsel conferred, could not resolve the dispute, and exhausted extrajudicial means.

No motions pertaining to discovery shall be made to the Court unless there is appended to such motion a certificate of counsel that the/she has conferred with opposing counsel, that they are unable to reconcile their differences and that he/she has otherwise exhausted all extrajudicial means in an effort to reconcile his/her differences with opposing counsel.

CRITICALCivil cases

Applies to

Case data information sheet

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

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

CRITICAL

Applies to

Liquidated damages claim

A liquidated-damages claim must include sufficient written documentation to establish the accuracy of the amount claimed.

A claim for liquidated damages shall be supported by sufficient written documentation to establish that the amount claimed is accurate.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Each motion must include an order stating the requested relief and an order setting the issues for hearing with blanks for the hearing date, time, and allotted duration.

All motions shall be accompanied by an Order stating the requested relief and an Order setting the issues) for hearing with the appropriate blanks for the Court to insert the time and date of the hearing and a blank for the time allotted for the hearing.

CRITICAL

Applies to

Expert witness disclosure

The expert disclosure must be filed with the witness list.

The disclosure shall be filed with the witness list.

CRITICALCivil cases

Applies to

AOC-CFCRB-14 form

The form's NOTE section must list the case numbers of other siblings and half-siblings alongside the corresponding child's name.

The case numbers of other siblings and half-siblings shall be included with the name of the corresponding child in the NOTE section.

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 VS-300 Certificate or Divorce or Annulment, 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 Certificate or Divorce or Annulment using form VS-300. 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 Certificate or Divorce or Annulment using form VS-300.

CRITICAL

Applies to

Default judgment motion

A default judgment motion involving a liquidated claim must include a Military Affidavit when the cited Act requires one.

All motions for Default Judgment involving a liquidated claim shall be accompanied by a Military Affidavit if a Military Affidavit is required by the Soldier and Sailor Civil Relief Act, 50 U.S.C. App. § 521.

CRITICAL

Applies to

Judgment

A judgment requiring a real estate sale must provide that delinquent Ad Valorem taxes are paid from the sale proceeds before any distribution.

All judgments requiring real estate to be sold shall contain a provision that any Ad Valorem delinquent taxes shall be paid from the proceeds of sale prior to the distribution of any proceeds of sale.

CRITICALCivil cases

Applies to

Motion for final decree

A motion for final decree in a default case must be accompanied or preceded by a military affidavit.

A. In addition to all statutory and procedural requirements, local practice requires motions for final decree shall be accompanied or preceded by filing: In default cases, a military affidavit.

CRITICAL

Applies to

Witness list

Each party must exchange and file a trial witness list containing each witness’s name and address.

(b) Each party shall exchange a list of names and addresses of all persons who will testify at the trial and file such list at least fifteen (15) days before trial.

CRITICALCriminal cases

Applies to

Pretrial diversion application

To apply for diversion, defense counsel must state the waiver and the defendant must agree to it on the record.

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 disposition of the charge against him/her is waived .

CRITICAL

Applies to

Pleading

Pleadings must be original documents containing the individual’s original signature.

All pleadings shall be original documents. Original documents shall be those containing the original signature of the individual.

CRITICALCivil cases

Applies to

Custody parenting time motion

A custody or parenting-time motion must include the required affidavit or affidavits and a proposed parenting-time schedule that considers the presumption of equal sharing.

All motions for Custody/Parenting Time, in addition to the required affidavit(s), shall be accompanied by a proposed Parenting Time Schedule that shall consider the presumption that parenting time should be shared equally between the parties.

CRITICALCivil cases

Applies to

Motion for final decree

When applicable, certificates showing that both parties and their children completed the Families in Transition Program must be filed unless the Court waives the requirement.

Certificates demonstrating that both parties and their children have completed the Families in Transition Program, if applicable, unless otherwise waived by the Court.

CRITICALCivil cases

Applies to

Agreement or agreed order

All agreements and agreed orders must contain the correct mailing addresses for the attorneys and parties.

B. All Agreements and Agreed Orders shall contain the correct mailing addresses for the attorneys and parties.

CRITICALCivil cases

Applies to

Entry of appearance

An attorney engaged after an action begins must promptly file and certify a written entry of appearance that includes necessary contact information and whether electronic service is accepted.

Attorneys engaged for representation after an action is initiated shall file a written entry of appearance with the Circuit Clerk and certify to all parties as soon as possible after engagement to include all necessary contact information and whether electronic service is accepted.

CRITICALCivil cases

Applies to

Final judgment or decree of dissolution

Unless the Court waives the requirement for good cause, both parties must file a completed Form AOC-238/239 before a final dissolution judgment or decree may be entered.

Unless waived by the Court for good cause shown, no final Judgment or Decree of Dissolution will be entered by the Court until both parties have filed a completed Form AOC-238/239.

CRITICALCivil cases

Applies to

Appointment of counsel request

A parent requesting appointed counsel in an involuntary termination-of-parental-rights action must support the request with an affidavit of indigency.

Whenever a parent in an action for involuntary termination of parental rights requests an appointment of counsel, supported by an affidavit of indigency,

CRITICALCivil cases

Applies to

Motion

Must include

certificate of service

The motion must list the specified recipients in its notice section and certify service on them.

These parties shall be listed under the notice section of the motion and service upon them shall be certified by the attorney or pro se party filing the motion.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must reissue a summons until the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall reissue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Certificate

If the plaintiff purchases the property, the plaintiff must certify to the Commissioner that delinquent taxes have been paid before a deed is issued.

In the event that the property is purchased by the plaintiff, the plaintiff shall certify to the Commissioner that all delinquent taxes have been paid prior to a deed being issued.

CRITICALCivil cases

Applies to

Motion for additional fee

A motion seeking an additional fee must be accompanied by an affidavit supporting its basis.

Unless a Motion for additional fee is filed accompanied by an affidavit supporting the basis for same, the Clerk 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 the WOA/MWOA in satisfaction of the appointment in conformance with the applicable statutes and CR 4.05 et seq.

CRITICALCivil cases

Applies to

Affidavit

The required affidavit must be accompanied by a certification that notice of the motion for final decree was sent to the other party.

Such affidavit shall be accompanied by certification that notice of filing has been sent to the other party of the motion for final decree.

CRITICAL

Applies to

Petition

The judge reviewing an order-of-protection petition must identify in its “Court Action” section whether it is a domestic violence or interpersonal protective order action.

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.

WARNINGCivil cases

Applies to

Verified financial disclosure form

Supporting documentation need not be filed with the Verified Disclosure Form, but the parties must still exchange the information as required by FCRPP 2 (3).

The parties are NOT required to file the supporting documentation/attachments_ into the Court record with the Verified Disclosure Form but are not relieved from having exchanged such information between/among themselves as is required by FCRPP 2 (3).

WARNINGCivil cases

Applies to

Proposed parenting time schedule

A proposed parenting-time schedule should also consider the parties’ residences, work schedules, and the child’s school schedule.

The proposed Parenting Time Schedule should also consider the geographic implications of the residences of the parties who will share parenting time and the work schedule of the parties and school schedule of the child (ren).

WARNING

Applies to

Videotaped deposition

The party noticing a videotaped deposition must provide the recording operator with a copy of JRP 1301.

The party noticing the deposition shall provide the operator with a copy of JRP 1301.

WARNINGCivil cases

Applies to

Motion for child testimony

Litigants are advised to move for permission to have a child testify with enough time for a guardian ad litem to prepare; failing to do so will likely result in a continuance.

Litigants are advised that, except in the most unusual of circumstances the Court shall require the appointment of a guardian ad litem for any child who is to be called as a witness. Litigants are advised to make their motion to have the child testify with sufficient time for the court to appoint a guardian ad litem to meet with the child and prepare for the proceedings; failure to do so will likely result in a continuance of the evidentiary hearing.

WARNINGCivil cases

Applies to

Juvenile petition

If information is requested in the form that is not known to the person completing the petition that section of the forms should be marked as "unknown".

If information is requested in the form that is not known to the person completing the petition that section of the forms should be marked as "unknown".