Caldwell Circuit Court Document Filing Requirements

CRITICAL

Applies to

Written discovery response

Written discovery responses must restate each interrogatory or request, provide the answer, and be subscribed and sworn by a party.

In answering written interrogatories or discovery requests served on a party, each interrogatory or request shall be restated, followed by the answer and shall be subscribed and sworn by a party.

CRITICAL

Applies to

CR 78 2 motion

A CR 78(2) movant must identify the rule and alert opposing counsel that the motion may be granted routinely ten days after filing unless an objection or response is filed.

The movant, in the Notice, Certificate of Service, or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.

CRITICAL

Applies to

Purchaser bond

A purchaser's required bond must be filed with the Commissioner's Report of Sale, but an enforcing creditor need not provide a bond unless the order of sale directs otherwise.

If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale. Unless the Court otherwise directs in the Order of Sale, no bond shall be required of a purchasing creditor seeking to enforce its mortgage or lien on the property.

CRITICAL

Applies to

Attachment to motion to submit

The Attachment to Motion to Submit must provide the checklist information and certify its truth under penalty of perjury.

The undersigned provides the following information in compliance with FCRPP 3(1) and certifies that the information is true and correct under penalty of perjury:

CRITICAL

Applies to

Rescheduling notice

For a stacked case that is not tried, the Plaintiff's or Movant’s attorney must notice it for rescheduling at the next available Motion Day in that county.

Any case that is stacked but not tried shall be noticed by the Plaintiff's attorney (or the Movant’s attorney) for rescheduling at the next available Motion Day in that county.

CRITICAL

Applies to

Motion to submit

In dissolution or custody proceedings with minor children, the Court may order participation in education programs, and anyone ordered to attend the Parent Education Clinic must submit proof of attendance with the Motion to Submit.

Consistent with FCRPP 6(4), where there are minor children in any dissolution or custody proceeding, the Court may order the parents or custodians and children to participate in a Parent’s Education Clinic and the children in a suitable education class. If ordered to attend the Parent Education Clinic, proof of attendance must be submitted with the Motion to Submit referred to above.

CRITICAL

Applies to

Motion

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

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

CRITICAL

Applies to

Motion papers

Must include

proposed order

Each motion, supporting memorandum, or opposition memorandum must be accompanied by a separate tendered proposed order.

Every motion or supporting memorandum or memorandum in opposition thereto shall be accompanied by a tendered separate proposed order granting the requested relief or denying the motion, as the case may be.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, and 407.

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

CRITICAL

Applies to

Motion to submit

The Motion to Submit must include a certification that the information in its attachment is true and correct.

The undersigned certifies that the information contained on the attachment is true and correct.

CRITICAL

Applies to

Motion to submit

If either party requests restoration to a former name, the request must be in writing and filed in the record or attached to the Motion to Submit.

J. If either party has requested restoration to a former name, that request is in writing and was filed in the record or is attached with this Motion to Submit.

CRITICAL

Applies to

Contempt rule

A contempt rule will generally issue ex parte and must state a definite return date and time for the other party to appear and show cause.

When the motion and affidavit are filed, a rule will generally be issued ex parte by the Judge. The rule will recite that it is returnable before the Court at a day and time certain for the other party to appear and show cause why he/she should not be held in contempt.

CRITICAL

Applies to

Motion to submit

If the marriage has minor children, a Child Support Worksheet and Uniform Child Support Order (AOC-152) must be submitted with the Motion to Submit.

K. If there are minor children of this marriage, a Child Support Worksheet and a Uniform Child Support Order (AOC- 152) are submitted with this Motion to Submit.

CRITICALCriminal cases

Applies to

Commonwealth attorney response

The Commonwealth Attorney must respond to an application for entry into the Pre-Trial Diversion Program in writing and of record.

Upon application to the Court and the Commonwealth Attorney for entry to the Pre-Trial Diversion Program, the Commonwealth Attorney shall respond in writing and of record

CRITICAL

Applies to

Default judgment motion

Each motion for default judgment must include a certificate or verification addressing the listed service, balance, and defendant-status matters.

All motions for Default Judgment shall comply with CR 55.01 and shall be accompanied by an appropriate certificate or verification that: (a) no papers have been served on Plaintiff’s counsel by the Defendant in default; (b) the date of service and type of service upon the Defendant(s); (c) the balance due on the obligation; and (d) a statement that to counsel’s knowledge, no defaulting Defendant is currently a member of the Armed Services or under any legal disability.

CRITICAL

Applies to

Motion to submit

In default cases, the moving party must comply with FRCPP 3(2) in the Motion to Submit.

In all default cases, the moving party will comply with FRCPP 3(2) in the Motion to Submit.

CRITICAL

Applies to

Documents filed in record

AI use is not prohibited, but attorneys and pro se litigants must review and verify computer-generated content for accuracy and compliance with applicable standards.

The Court does not prohibit the use of Al, but to comply with Rule 11 of the Rules of Civil Procedure and other applicable legal and ethical standards, attorneys and pro se litigants must review and verify computer-generated content to ensure that is accurate and complies with all such governing standards.

CRITICAL

Applies to

Motion to submit

In dissolution actions, a Motion to Submit must be filed with an attached checklist and certification in Form 2 or a similar document.

In order to comply with FCRPP 3(1) in dissolution actions an attachment to Motion to Submit with a checklist and certification must also be filed (Form 2 in Appendix 2 of these rules or other similar document).

CRITICALCriminal cases

Applies to

Pre trial diversion application

The application must include counsel’s statement, and the Defendant’s agreement, waiving the right to speedy trial or disposition of the charge.

In making application for pre-trial diversion, counsel for the Defendant shall state, and the Defendant shall agree, to waive any right to speedy trial or disposition of the charge against them

CRITICAL

Applies to

Attachment to motion to submit

The checklist calls for the filing date of the Preliminary Verified Disclosure Statement and for the Final Verified Mandatory Case Disclosure or affidavit to be filed with the Motion to Submit unless waived under LR 702.

D. The Preliminary Verified Disclosure Statement AOC-238 was filed with the Clerk on _________________. The Final Verified Mandatory Case Disclosure AOC-239 or affidavit has been filed with this Motion to Submit pursuant to FRCPP 3(3)(b); or has been waived pursuant to LR 702.

CRITICAL

Applies to

Attachment to motion to submit

If there is a Separation Agreement or Property Settlement Agreement, the checklist calls for it to have been filed in the record or attached to the Motion to Submit.

F. The Separation Agreement/Property Settlement Agreement, if any, acknowledging the agreement between the parties was filed in the record on ___________________ or is attached with this Motion to Submit.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include a certificate stating that counsel conferred or corresponded with opposing counsel, could not resolve the dispute, and exhausted reasonable extrajudicial means.

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

CRITICAL

Applies to

Contempt motion

Must include

proposed order

Under the preferred procedure for seeking a contempt rule, the filer must submit a motion supported by a sufficient affidavit or verification and also submit a tendered order.

The preferred procedure in securing a rule for contempt is as follows: (a) A motion shall be filed, asking for the rule, supported by a sufficient affidavit or verification of the motion showing the applicant is entitled to the relief. A tendered order shall also be submitted.

CRITICAL

Applies to

Order of sale

Must include

caption

Orders for sale must include the listed caption, property, judgment, default, and certification information, with the stated condition for money judgments.

Orders for the sale of property shall contain: (a) a complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as “etc.” or “et al” shall not be used; (b) a legal description of the property sought to be sold, together with the source of title of the present owner or owners; (c) the address of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address, and any number(s) assigned to the property by the tax assessor such as the property identification number; (d) the dollar amount of the judgment on a day certain, together with the daily amount of accruing interest and contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money); (e) the names of all parties who are in default; and (f) a statement that a party has certified that all entities having an interest in the property including any entities holding a mortgage or lien against the property have been named in the action.

CRITICAL

Applies to

Discovery notice of service

Discovery answers and compliance need not be filed, but a Notice of Service under the applicable Civil Rule must be filed in the record.

Answers and compliance with discovery requests need not be filed with the Court. Instead, a Notice of Service under the applicable Civil Rule shall be filed in the record.

CRITICAL

Applies to

Notice of case management conference

A Notice must be filed to schedule a CMC, which is set on the regular Rule Day at 9:00 a.m. in Division II or 1:00 p.m. in Division I, as specified for each county.

The Case Management Conference (CMC) referred to in FCRPP 2(6)(b) and 40 will be scheduled upon filing of a Notice as follows: (a) Caldwell County on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (b) Livingston County on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (c) Lyon County on the regular Rule Day on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I. (d) Trigg County on the regular Rule Day on the regular Rule Day at 9:00 a.m. in Division II and 1:00 p.m. in Division I.

CRITICAL

Applies to

Motion to submit

The written waiver of the hearing right, executed by both parties, must be filed with the Clerk or attached to the Motion to Submit.

I. The written waiver of the right to a hearing executed by both parties was filed with the Clerk on ____________________ or is attached with this Motion to Submit.

CRITICAL

Applies to

Motion to submit

Must include

certificate of service

The Motion to Submit form includes a certificate of service.

CERTIFICATE OF SERVICE: I certify that a true copy of the foregoing has been served by regular mail, postage prepaid, to the following: Name______________________ Address________________________________ City/State/Zip___________________________

CRITICAL

Applies to

Order of sale

Orders of sale must not specify the dates on which the sale will be conducted.

Orders of sale shall not contain: (a) specific dates on which the sale is to be conducted;

CRITICAL

Applies to

Motion to submit

A proposed Findings of Fact, Conclusions of Law, and Decree of Dissolution of Marriage must be submitted with the Motion to Submit.

L. A proposed Findings of Fact, Conclusions of Law, and Decree of Dissolution of Marriage is submitted with this Motion to Submit.

CRITICAL

Applies to

Attachment to motion to submit

The checklist requires the parties to indicate whether they have minor children and, if they were ordered to attend the specified classes, whether completion certificates were filed or attached to the Motion to Submit.

E. The parties do/do not (circle one) have minor children of this marriage. If they do and the parties are ordered to attend divorce education/parenting class/kids time class,, then copies of certificates of completion of the class as required by LR 708 were filed in the record on __________________ or are attached with this Motion to Submit.

CRITICAL

Applies to

Motion and response

Each motion and its response must state the grounds and cite relied-upon authorities; the information may appear in the motion or a separate memorandum.

There shall be filed with each motion a brief statement of the grounds for it, with citations of authorities relied upon, which may be set forth in the body of the motion or separate memorandum. The response to any motion shall be in similar form

CRITICAL

Applies to

Attachment to motion to submit

The checklist calls for a qualifying written deposition or sworn affidavit to be filed in the record or attached to the Motion to Submit.

G. The written Deposition or Affidavit, executed under oath, by either party setting forth the testimony required at a hearing as required by KRS 403.025(irretrievable breakdown and residency) as well as confirmation that the parties have lived apart for in excess of sixty (60) days and that there has been no material change in circumstances of the parties since the filing of this action or since taking any proof in this action, was filed in the record on ___________________ or is attached with this Motion to Submit.

CRITICAL

Applies to

Final verified disclosure statement

If property matters are disputed at trial, the parties must file an AOC-239 no later than five days before trial, or may file an affidavit stating there have been no changes since the AOC-238, if filed.

No later than five (5) days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at that trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

CRITICAL

Applies to

Uncontested hearing submission

Uncontested matters may be submitted for the next regular Rule Day or under the 10-day rule using a Notice of Submission or Motion to Submit in Form 1 or a similar document.

Uncontested hearings for dissolution of marriage, annulments, or legal separations, may be submitted for the next regular Rule Day or under LR 204(10) (10-day rule) with either a Notice of Submission or Motion to Submit so that the circuit clerk will calendar the case and bring it to the Court’s attention (Form 1 in Appendix 2 of these rules or similar document).

WARNING

Applies to

Order of sale

An order of sale may direct payment of outstanding property taxes, but must identify the taxpayer, tax year, and tax bill number.

a directive that the Master Commissioner pay all outstanding ad valorem taxes assessed against the property, provided that such directive also identifies the person or persons in whose name the property has been taxed, the year in which the tax is due, and the tax bill number.

WARNING

The text requires a statement that the requirement was met or scheduling attempts were unsuccessful, and why.

requirement has been complied with or that attempts to schedule have been unsuccessful and shall state the reason why.

WARNING

Applies to

Deposition original

Deposition originals need not be filed; if they are not filed, the noticing attorney must be the record custodian under CR 5.06.

Originals of depositions need not be filed with the Court. If not filed, the attorney who noticed the taking of the deposition shall be the custodian of the record as set out in CR 5.06.

WARNING

Applies to

Order of sale

An order of sale may direct the Master Commissioner to release foreclosed mortgages and liens, but must give the book and page number for each lien to be released.

a directive that the Master Commissioner execute releases of mortgages and liens foreclosed and extinguished by reason of the judicial sale. If the order of sale contains such directive, it shall also contain the book and page number where each lien to be released is recorded;

WARNING

Applies to

Judicial sale documents

The Master Commissioner normally prepares the listed judicial-sale documents; if case circumstances make it necessary or desirable for a party to prepare one, that party or attorney must coordinate its preparation with the Master Commissioner.

The Master Commissioner shall normally prepare the following documents in connection with any judicial sale: sale notice for advertising and posting; Commissioner's Report of Sale; Commissioner's Bill of Costs; Order of Confirmation; Order of Distribution; and Commissioner's Deed. When the facts of a particular case render it necessary or desirable that a party prepare any of these documents, that party or attorney shall coordinate the preparation with the Master Commissioner.

WARNING

Applies to

Order of sale

Orders of sale must not designate the auctioneer or appraisers, except that a known reason for disqualification may be included.

designations of the auctioneer or appraisers to be used by the Master Commissioner, provided, however, if a party knows of any reason that an auctioneer or appraiser should be disqualified to serve in a particular case, such disqualification may be made a part of the order of sale.

WARNING

Applies to

Response

Should the party opposing the motion filed under this Rule wish to have an oral hearing on the question, that party may so state in their response and shall proceed to set the motion for a Rule Day at a given time or at such other time as may be scheduled with the Court and opposing attorneys.

Should the party opposing the motion filed under this Rule wish to have an oral hearing on the question, that party may so state in their response and shall proceed to set the motion for a Rule Day at a given time or at such other time as may be scheduled with the Court and opposing attorneys.

INFO

Applies to

Status quo order request

If the Petitioner does not request a Status Quo Order, the Respondent may seek one at the initial appearance or by motion under this rule.

If a Status Quo Order is not requested by the Petitioner, the Respondent may also seek a Status Quo Order at the initial court appearance or may file a motion as directed in this rule.

INFO

Applies to

Final verified mandatory case disclosure

In appropriate cases with no change from the AOC-238, counsel may certify that fact or a party may swear or affirm it, and the document may substitute for the Final Verified Mandatory Case Disclosure.

In appropriate cases, where there has been no change from the Preliminary Mandatory Disclosure Statement, AOC-238, the fact can be so certified by counsel or sworn or affirmed by a party and that document may be used as a substitute Final Verified Mandatory Case Disclosure.

INFO

Applies to

Order of sale

An order of sale may include special sale conditions, including the listed examples.

Orders of sale may contain: (a) special conditions of sale, for example, property to be sold on site; specific combinations of property containing multiple tracts; special advertising in addition to advertising required by statute;

INFO

Applies to

Motion

If a motion refers to deposition testimony, a transcript or condensed transcript may be filed with the motion instead of the original.

If testimony from the deposition is referred to in any motion before the Court, then a transcript or condensed transcript may be filed with the motion in lieu of the original.

INFO

Applies to

Order accompanying motion to withdraw

Counsel should include in the accompanying order a paragraph stating that the circuit clerk need not send the withdrawing attorney copies of additional filings after entry of the withdrawal order.

In the order accompanying the motion, counsel should also include a paragraph that the circuit clerk need not send the withdrawing attorney a copy of any additional filings after entry of the order of withdrawal.

INFO

Applies to

Motion to withdraw

As a best practice after a matter concludes, an attorney should file a motion to withdraw with notice to the client and a tendered order.

Even after a matter has been concluded (such as a dissolution of marriage), best practice is for an attorney to file a Motion to Withdraw with Notice to the client and a tendered Order.

INFO

Applies to

Petition

In the 56th Judicial Circuit, if the initial appearance may be 30 or more days after filing a dissolution action, a motion requesting an AOC 237 Status Quo Order may be filed with the Petition.

However, in the 56th Judicial Circuit, if the initial court appearance may not occur for thirty (30) days or more after the initial filing of an action for Dissolution of Marriage, upon Motion Requesting Entry of the AOC 237, a Status Quo Order, may be filed with the Petition.