Butler Circuit Court Document Filing Requirements

CRITICAL

Applies to

Exhibits and witnesses list

The exchanged witness list must identify each witness by name, address, and a summary of anticipated testimony.

No later than 14 days before the final hearing of a contested adoption or petition for involuntary termination of parental rights, unless otherwise ordered or affirmatively waived, the parties shall exchange a list of exhibits and witnesses that each intends to use or have testify at the hearing. Witnesses shall be identified by name, address, and summary of anticipated testimony.

CRITICAL

Applies to

Order of protection petition

An order-of-protection petition or motion must use form AOC-275.1, be filed with the court, and be verified by an authorized person.

A petition/motion for an order of protection under KRS Chapter 403 or 456 shall be made on form AOC-275.1 and accepted and filed with the court. The petition shall be verified by the circuit clerk, any official authorized to administer oaths (including, but not limited to, a notary public), or, when applicable, any individual authorized by this protocol to verify petitions when the local circuit clerk's office is closed or otherwise inaccessible due to an emergency.

CRITICAL

Applies to

Case management conference order

The case management conference order must state the conference date and time and identify the items to be filed beforehand.

A case management conference order shall be entered by the Court setting out the date and time of the conference along with the items that must be filed prior to the conference.

CRITICAL

Applies to

Motion without oral hearing

A motion submitted for determination without oral hearing must include a brief supporting statement and the specified LRP 13 notice.

If a movant wishes to submit a motion for determination without oral hearing, the motion shall include a brief written statement in support of the motion and the following notice: This motion is filed pursuant to LRP 13. In order to expedite the business of the Court, the movant submits this motion for determination without oral hearing. Any party wishing to object to the motion, request an oral hearing, or otherwise respond to the motion shall file said response within 10 days from the date of filing of the motion. Any such response shall include a brief written statement supporting the respondent's position on the motion.

CRITICAL

Applies to

Emailed agreed order

An attorney sending an order by email must certify that it is agreed or provide an email showing the other party's attorney agrees.

The attorney sending an E-mail order shall certify that it is an agreed order or send a copy of an E-mail from the other party(ies) attorney(s) that she or he agrees to the order.

CRITICAL

Applies to

Opinion of title

A title opinion may be addressed to the Commissioner or provided as a copy addressed to the moving party or counsel, and must include the specified property, title, lien, and tax information.

(3) The document may be either an opinion of title addressed to the Commissioner, or it may be a copy of an opinion addressed to the moving party or to the party's attorney, and it shall include an accurate description of the property and: (a) Complete sources of title of all persons with present and inchoate interests of record; (b) Exact fractional interest of title owners holding jointly; (c) All unreleased liens of record and the approximate present payoff required to release each lien (according to lienholder); and (d) All tax bills and certificates of delinquency payable within statute of limitations, including amount payable (with penalty), number of bill or certificate of delinquency, and date of certificate of delinquency or, if sold to a third party, date of

CRITICAL

Applies to

Recusal and case transfer order

An order recusing and transferring a case between divisions must be signed by both judges.

An order recusing the Judge and transferring the case from one Division to the other will be entered with both Judges signing off on that order.

CRITICALCriminal cases

Applies to

Written recommendation

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

CRITICAL

Applies to

Order

All orders must include a distribution list or similar language.

All orders shall contain a distribution list or language similar to that as set out in the following cxample:

CRITICAL

Applies to

Judgments and final sentencing orders

For criminal cases, the Clerk must specify the delivery mode for judgments and final sentencing orders.

In criminal cases, the Clerk shall specify mode of delivery of judgments and final sentencing orders.

CRITICAL

Applies to

Discovery motion

Boilerplate discovery motions and discovery orders must not be filed.

Boiler plate discovery motions and discovery orders shall not be filed.

CRITICAL

Applies to

Notice of motion

A CR 78(2) motion's notice must include the specified statement regarding the no-hearing request, service, objection period, docketing, and possible entry of the tendered order.

The notice of any motion filed under this rule shall state the following: "This motion is filed pursuant to CR 78(2). In order to expedite the business of the court, the movant does not request an oral hearing on this motion. This motion has been served upon all parties, including the client. In order to allow time for written objections or requests for an evidentiary hearing to be filed in this matter, the Clerk shall place this motion on the next available motion day after ten (10) days from the date of filing. Should no written objections be filed at that time, the Court may enter the attached tendered order."

CRITICAL

Applies to

Response

A response to a motion submitted for determination without oral hearing must include a brief written statement supporting the respondent's position.

Any such response shall include a brief written statement supporting the respondent's position on the motion.

CRITICAL

Applies to

Order of sale

Posting, display advertising, professional auctioneer service, and an on-site sale require a specific order and budget.

(6) Posting, Display advertising, Professional auctioncer service, and Sale on site require specific order and budget.

CRITICAL

Applies to

Case management conference report

The staff attorney must prepare a conference report identifying resolved and unresolved issues, attendees, and other relevant matters discussed.

The staff attorney shall preparc a report that sets out the resolved and unresolved issues, the parties, and the attorneys that appeared at the conference, along with any other relevant information that was discussed at the conference.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, defense counsel must state on the record that granting diversion waives the right to a speedy trial or disposition, and the defendant must agree 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

Objection

A party objecting to dismissal must file a written objection before the scheduled dismissal date and appear to argue it.

A party objecting to dismissal shall file a written objection to the dismissal prior to the scheduled date of dismissal and shall appear to argue the objection to the dismissal.

CRITICAL

Applies to

Ex parte custody motion

A party seeking ex parte custody-related relief must provide the specified information under oath to the extent of their knowledge, except in the listed emergency or protective-action cases.

Except when seeking emergency custody in a juvenile dependency, neglect or abuse action or temporary custody in a domestic violence or interpersonal protective action, a party seeking ex parte relief from the Court related to custody, parenting time, time-sharing, or visitation shall, in addition to satisfying the requirements of FCRPP 2(8)(a), provide the following information to the Court, under oath, to the extent of the party's knowledge: (1) The name of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; (2) The criminal conviction history of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each adult who resides with each such person; (3) The status and outcome of any investigation by a child protective services agency of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; and (4) The status and outcome of any domestic violence action, including interpersonal protective actions, involving each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home.

CRITICALCriminal cases

Applies to

Order of diversion

The Order of Diversion must address applicable restitution, supervision status and fees, duration, and the defendant’s required conduct during diversion.

The Order of Diversion shall include : 1 Restitution, if applicable . 2 Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3 Duration of the diversion . 4 Require defendant to obey all rules and regulations imposed by Probation & Parole . Direct that the defendant shall not commit any offense during the period of the pretrial diversion and to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Proposed order

When a tendered order does not accurately reflect the Court's ruling, the prevailing party must prepare the proper order and tender it to the Court within five business days.

(1) When a court ruling has been made in any case where the tendered order does not accurately reflect the Court's ruling, the prevailing party shall prepare the proper order and tender to the Court personally or by U.S. mail or e-mail within five (5) business days.

CRITICAL

Applies to

Special judge case filings

For special-judge cases outside the circuit, tendered motions, hearing notices, and orders must be filed with the Circuit Clerk's Office for forwarding to the Judge.

All tendered motions, notice of the hearing, and orders are to be filed with the Circuit Clerk's Office, and the Circuit Clerk shall forward them to the Judge.

CRITICAL

Applies to

Order of sale

For an occupied building, the order of sale must authorize the Master Commissioner to enter and show it; for a vacated building, a key should be delivered by the stated time.

(5) If the property has a building that has been vacated, a kcy should be delivered to the Master Commissioner upon or before issuance of Notice of Salc. If a building is occupied, the order of sale must give the Master Commissioner authority to enter to show the premises to appraisers and prospective purchasers.

CRITICAL

Applies to

Proposed order

Must include

certificate of service

An order without a “Have Seen” must include a certificate of service showing service on all attorneys of record; the Court holds it for three days after receipt to allow objections before signing and entry.

(2) In instances covered by Paragraph (1) above, the order may contain a "Have Seen and the signatures of other attorneys of record and, if the order meets with the Court's approval, shall be signed without delay. Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy and such orders will be held by the Court for three (3) days after receipt thercof to allow opposing counsel to make their objections to the order before signing and entry.

CRITICAL

Applies to

Uncontested adoption hearing request

For an uncontested adoption, the petitioner must tender proposed findings of fact, conclusions of law, and judgment before requesting a final hearing date.

Except for good cause shown, a final adoption hearing shall not be scheduled on a regular motion day, and, when the adoption is uncontested, the petitioner shall tender proposed findings of fact, conclusions of law, and judgment prior to requesting a final hearing date.

CRITICAL

Applies to

Agreement

An agreement relying on standard parenting guidelines or a standard parenting conduct order must identify the standard being used and attach a copy.

(2) Any agreement that relies upon standard guidelines for parenting time, time-sharing, or visitation, or upon a standard parenting conduct order, shall specify the standard guidelines or order which the parties are utilizing, and the parties shall attach a copy of the standard guidelines or order to the agreement.

CRITICAL

Applies to

Trial setting request

A moving attorney must provide a motion and notice before a case may be set for trial.

No cases will be set for trial without motion and notice by the moving attorney.

CRITICAL

Applies to

Motion

Must include

proposed order

The moving party must file a proposed order with the motion and serve the motion and order on all other attorneys or unrepresented parties within a reasonable time, generally by in-hand service within three days.

(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.

CRITICAL

Applies to

Mediation report

The mediator must file a report with the Court stating the results of the mediation conference.

The mediator shall file a report with the Court setting out the results of the mediation conference.

CRITICAL

Applies to

Motion for leave to withdraw

An attorney seeking to withdraw must file a motion for leave to withdraw with notice setting a hearing on a motion day.

The attorney desiring to withdraw from either a civil or criminal case shall file a motion for leave to withdraw with a notice setting the motion for a hearing on a motion day.

CRITICAL

Applies to

Pretrial conference materials

Counsel must prepare and bring briefs on unusual legal issues, proposed jury instructions, a statement of trial issues and what must be established to prevail, an exhibit list, and uncontested-fact stipulations to the pretrial conference.

Counsel shall prepare and bring the following to the Pretrial Conference, in addition to exhibits: Briefs on unusual legal issues Proposed jury instructions. A statement of the issucs to be resolved by trial and what you must establish in order for your client to prevail. D. A list of exhibits. E. Stipulation of facts which are not contested.

CRITICAL

Applies to

Exhibits

Counsel must exchange exhibits before the pretrial conference and be prepared to identify exhibits that can be agreed upon; exhibits not exchanged are inadmissible.

Counsel shall meet prior to the Pretrial to exchange exhibits and be prepared to discuss and advise the Court as to what exhibits can be agreed to for admission, authenticity, or other limited purposes. Exhibits that are not so exchanged shall not be admitted.

CRITICAL

Applies to

Petition or motion for order of protection

A petition or motion for an order of protection must use form AOC-275.1 and be accepted and filed with the court.

(a) A petition/motion for an order of protection under KRS Chapter 403 or 456 shall be made on form AOC-275.1 and accepted and filed with the court.

CRITICAL

Applies to

Agreed order

Agreed orders must be sent to the respective Court Clerk for the Judge's signature, without a motion-day docket notice.

All agreed orders shall be forwarded to the Clerk of the respective Court for the Judge's signature without the neccssity of noticing the same for placement on the motion day docket.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must provide the Court with a written recommendation in response to every pretrial diversion application.

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

WARNING

Applies to

Copy list

List the judge on all copy lists.

Please list the judge on all copy lists.

WARNING

Applies to

Order of sale

Posting is not required by law, and should not be included in an order of sale without a budget.

Pleasc note that Posting is not required by law: KRS 426.200(2), 426.560; Ward v. Vanhoose, 222 Ky. 135, 300 SW 337 (1927). Please do not include Posting in your order of sale without budget: Miller v. Cisco, 279 Ky. 440, 130 SW 2d 783 (1939).

INFOCriminal cases

Applies to

Order of diversion

The Order of Diversion may include conditions requiring sobriety and random testing, no Penal Code or Controlled Substances Act violations, and no possession of firearms or other deadly weapons.

The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled substances Act . 3. That the petitioner possess no firearm or any other deadly weapon .

INFO

Applies to

Order of sale

Specific notice or advertising provisions need not be included in the order of sale.

Since all sales are advertised according to law, it is not necessary to include specific provisions of notice or advertisement in order of sale.