Calloway Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Appearance and waiver or agreement

An unrepresented party must sign and acknowledge an appearance and waiver or agreement before a notary or deputy clerk.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.

CRITICALCivil cases

Applies to

Motion for final decree

When minor children are involved, the motion must include either a uniform child-support order and worksheet or, if the parties will follow an existing order, a reference to that order and its date.

If minor children are involved, the motion shall also be accompanied by either a uniform child(ren) support order and child support worksheet or, if the parties wish to abide by an existing child(ren) support order, a reference to that previous order and date of that order.

CRITICALCivil cases

Applies to

Family court case data sheet

The Family Court Case Data Sheet must be fully completed in every case.

The Family Court Case Data Sheet must be fully completed in all cases.

CRITICAL

Applies to

Pleading

All pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, 406, and 407.

In addition, all 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

Response

An opposing party seeking an oral hearing must say so in the response and notice the matter for a regular motion hour, with appropriate notice to the parties and Court.

If the opposing party wishes to have this matter heard in open Court, s/he must so state in the response, and shall set the matter for determination on a regular motion hour docket, with appropriate notice to all parties and the Court. If a party opposing the motion desires oral hearing, they shall so state, and proceed to notice the motion for the following motion hour day.

CRITICAL

Applies to

Order or judgment

A signed order or judgment must be delivered to the Clerk for entry.

The Order of Judgment, when signed by the Judge, shall be delivered to the Clerk for entry.

CRITICAL

Applies to

Motion

Each motion must include a brief statement of its grounds and citations of relied-upon authorities, which may appear in the body of the motion; motions permitted to be heard ex parte are excepted.

There shall be filed with each motion a brief statement of the ground therefore with citations of authorities relied upon, which may be set forth in the body of the motion if the pleader so desires.

CRITICALCivil cases

Applies to

Pleading motion or other paper

Must include

case number

Each filed pleading, motion, or other paper must identify the case and provide the signing attorney’s or party’s name and contact information unless protected by statute or court rule.

Every pleading, motion, and any other paper filed in the record by counsel or party shall contain the case number, typed or printed party name, address, telephone number and email address of each attorney or party signing the document unless the information is otherwise protected by statute or court rule (e.g., domestic violence order cases and interpersonal protective order cases).

CRITICAL

The damages claimed must be broken down into principal, accrued interest, and applicable finance charges, with any attorney-fee request identified.

B. The amount of damages claimed, with the amounts being broken down into principal amount, accrued interest and /or finance charges where applicable, and any requests for attorney's fees.

CRITICAL

Applies to

Judicial order request

A person requesting an order for a child interview video must give the Family Court Judge a written explanation identifying the requested portion as an in-chambers interview and stating the specific purpose of the request.

An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose of the request.

CRITICALCivil cases

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the hours and description of services, the reasonableness of the requested fee, and the conclusion and disposition date of the action or proceeding.

Motions for compensation shall be accompanied by an affidavit indicating: 1. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 2. That the action or proceeding has been concluded and date of disposition.

CRITICAL

Applies to

Discovery certification

The defendant is responsible for obtaining discovery, and the Commonwealth must certify in writing which items in its file are discoverable.

It shall be defendant's responsibility to obtain discovery from the Commonwealth. The Commonwealth shall, certify in writing the Discoverable items in its file.

CRITICAL

Applies to

Paternity petition

A paternity petition must name the mother's husband as a party in the specified circumstances or include the petitioner's affidavit addressing the mother's marital status.

All petitions for paternity must include one of the following: The mother's husband as a party to the action if the child was born during lawful wedlock or within ten (10) months thereafter; or The affidavit of the Petitioner addressing the issue as to the mother's marital status when the child was born and within ten (10) months prior to the birth of the child.

CRITICAL

Applies to

Order referring case to master commissioner for judicial sale

The referral order must be entered before the Clerk distributes the Order of Sale to the Master Commissioner and the Commissioner undertakes it.

2. An Order Referring Case to Master Commissioner for Judicial Sale (and payment of the Administrative Procedures Part IV, section II (11) administrative Fee to the Circuit Court Clerk) must be entered prior to an Order of Sale being distributed by the Clerk to the Master commissioner and the Master Commissioner undertaking the Order of Sale.

CRITICALCivil cases

Applies to

Motion

A movant using CR 78(2) must state that the motion is made under CR 78(2) and the local rule.

Movant shall state that the motion is made under CR 78(2) and this local rule.

CRITICAL

Applies to

Sworn affidavit

To notice a default-judgment motion in a collection case or other default-judgment action at the Court's convenience, the moving party must provide a sworn affidavit identifying the moving party and any changes in its legal status sufficiently to identify the original claimant.

2. Collection cases. Motions for default judgment in collection cases and in other default judgment actions may be noticed at the convenience of the Court provided that the moving party provide the following information by swor affidavit to the Court: A. The identity of the moving party, as well as any changes in the legal status of the moving party, to the extent that the Court and any non-moving party can identify the original party who has made the claim.

CRITICAL

Applies to

Family court confidential video record

The Circuit Court Clerk's Office may not release copies of Family Court confidential video records without a specific written order from the Family Court Judge.

The Circuit Court Clerk's office shall not release any copies of Family Court confidential video records without a specific written order from the Family Court Judge.

CRITICAL

Applies to

Petition

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

A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 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

Protective order petition

If the county Family Court Judge is unavailable or not found, the petition must be delivered for consideration to the listed judges in order, or to any District, Family, or Circuit Judge in Kentucky if none is available.

within the county, to the District Judge of the County, the District Court Judge of the adjacent county located in the 42 Judicial Circuit, and then the Circuit Judge for Division 1 for the 42 Judicial Circuit, in that order. If none is available, the petition shall be delivered for consideration to any District, Family or Circuit Judge in any Kentucky County.

CRITICAL

Applies to

Motion

A person seeking an order for confidential video records must file a written motion, give notice to all parties including any Guardian Ad Litem for the child, and state the purpose of the request.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request.

CRITICAL

Applies to

Cr 78 2 motion

Must include

proposed order

A CR 78(2) motion must be accompanied by a proposed order.

A proposed order shall accompany the motion.

CRITICALCivil cases

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the hours and description of services, the reasonableness of the requested fee, and the disposition date.

B. Motions for compensation shall be accompanied by an affidavit indicating: 1. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and 2. That the action or proceeding has been concluded and the date of disposition.

CRITICALCivil cases

Applies to

Domestic violence petition

During regular clerk business hours, a person seeking an Emergency Protective Order should go to the county Circuit Clerk's Office and file a Domestic Violence Petition; outside those hours, the person should contact a sworn law enforcement officer or the County Attorney to obtain the petition.

During the hours of 8:00 a.m. - 4:30 p.m. Monday through Friday, a person who wishes to obtain an Emergency Protective Order should go to the Circuit Clerk's Office in their respective county and file a Domestic Violence Petition. At times other than these regular Circuit Court Clerk business hours, the person seeking protection should contact any sworn law enforcement officer (local city police, local sheriffs office, or state police) or the County Attorney in their respective county to obtain a Domestic Violence Petition.

CRITICAL

Applies to

Order or judgment directing sale

An order or judgment directing the sale must either adopt the stated terms and conditions by reference to this rule or restate them.

The terms and conditions hereinabove set out may be adopted by reference to this rule in the order or judgment directing the sale, or shall be restated therein.

CRITICALCriminal cases

Applies to

Pretrial diversion order

A pretrial diversion order must include the listed terms and conditions, where applicable.

The Order shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . Duration of the diversion. 4. That the petitioner remain drug and alcohol free and be subject to random testing . 5. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 6. That the petitioner possess no firearm or any other deadly weapon . 7. Any other provision of KRS 533.030 or any other condition which the Court deems appropriate .

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A motion to compel discovery must include counsel's certificate that counsel conferred or corresponded with opposing counsel and could not resolve the dispute without a hearing.

Motions to compel discovery shall contain a certificate, by counsel, that she or he has conterred or corresponded with opposing counsel and that they are unable to reconcile their differences without hearing.

CRITICALCivil cases

Applies to

Motion and notice

Must include

certificate of service

Each motion and notice must include a certificate of service identifying each recipient, the delivery method, and the delivery or transmission date.

Each motion and notice shall contain a certificate of service setting forth each party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.

CRITICALCivil cases

Applies to

Motion

Every motion must state its hearing date; a motion without that date is treated as not filed.

All motions shall contain a date on which said motion shall be heard. Any motion which fails to include the date of the hearing shall be treated as if no motion has been filed.

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth's Attorney must submit recommendations to the Court in writing and state the proposed conditions for pretrial diversion.

Make recommendations to the Court in writing of conditions for pre- trial diversion .

CRITICAL

Applies to

Documents necessary to transfer title

For a manufactured-home sale, the requesting party must provide the Master Commissioner the title-transfer documents before the sale date.

(g) If the order directs the sale of a manufactured home, the order shall include the year, make, and model, and VIN number of the manufactured home, and shall further provide that the party requesting the sale shall provide to the master Commissioner, prior to the date of sale, all documents necessary to transfer title to the Purchaser (property completed except for the Purchaser's name and address).

CRITICALCivil cases

Applies to

Protective order petition

During regular business hours, the authorized agency or officer must present the petition for consideration first to an available in-county Family Court Judge, then to the listed judicial officers in order if that judge is unavailable.

Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The petition shall be presented to the Family Court Judge if the judge is in the county and available. In the event the Family Court Judge is not in the county or is unavailable, the clerk shall seek the consideration of the matter by any of the following judicial officers, in the order listed: the District Judge in the county, the District Judge for the adjacent county located in the 42 Judicial Circuit, and then the Circuit Judge of Division 1 in the 42nd Judicial Circuit. Finally, if none of the foregoing can be located, the clerk shall seek consideration of any District, Family or Circuit Judge in any Kentucky county.

CRITICAL

Applies to

Appearance waiver or agreement

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before a notary or deputy clerk.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary or deputy clerk.

CRITICALCivil cases

Applies to

Notice of withdrawal

An attorney seeking to withdraw must file a notice of the withdrawal request.

Any attorney wishing to withdraw shall file a notice of such request

CRITICAL

Applies to

Agreement or agreed order

Agreements and agreed orders must include the correct mailing addresses for counsel or unrepresented parties, except when a party has an active Emergency Protective Order or Domestic Violence Order against the opposing party.

All agreements and agreed orders shall contain the correct mailing addresses for the attorneys or parties if not represented by counsel unless the party has an active Emergency Protective Order or Domestic Violence Order against the opposing party.

CRITICAL

Applies to

Order of sale

Must include

caption

An Order of Sale must contain the specified caption, property, judgment, party, and certificate information, plus required manufactured-home details when applicable.

1. Orders for 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 and the PVA map number of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address. (d) The dollar amount of the judgment as of a day certain, together with he 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 and last known addresses of all parties who are in default. (f) A Clerk's Certificate with the name and address of each party not in default, or if represented by counsel, the name and address of the counsel and party represented. (g) If the order directs the sale of a manufactured home, the order shall include the year, make, and model, and VIN number of the manufactured home, and shall further provide that the party requesting the sale shall provide to the master Commissioner, prior to the date of sale, all documents necessary to transfer title to the Purchaser (property completed except for the Purchaser's name and address).

CRITICAL

Applies to

Interrogatory or request for admission answer or objection

An answer or objection to an interrogatory or request for admission must set out the corresponding question or request immediately before the answer or objection.

When answering interrogatories or requests for admission, or in filing objections thereto, the replying party shall, as a part of his answer or objection and immediately preceding the same, set forth the question or the request made with respect to which such answer or objection is given.

CRITICALCivil cases

Applies to

Paternity case file access

An attorney must file a Notice of Entry of Appearance before seeking permission to review and copy a paternity case file.

A. An attorney seeking permission to review and copy a paternity case file must first file a Notice of Entry of Appearance..

CRITICAL

Applies to

Summons

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

If reassignment or transfer occurs, the issuing judge other actions pending or circumstances indicate that review by the other court is shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICALCivil cases

Applies to

Motion under CR 78 2

Must include

proposed order

A movant under CR 78(2) must file an appropriate tendered order of relief with the Court.

Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.

CRITICAL

Applies to

Pleading motion or other filing

Must include

case number

Every filed pleading, motion, or other paper must include the case number and the signing attorney's or party's typed or printed name, address, telephone number, fax number, and email address.

Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number, fax number and e-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Family court case data sheet

The Family Court Case Data Sheet must be fully completed in every case.

A. The Family Court Case Data Sheet must be fully completed in all cases.

CRITICALCivil cases

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the hours and description of services, the reasonableness of the requested fee, and the disposition date.

2. Motions for compensation shall be accompanied by an affidavit indicating: a. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and b. That the action or proceeding has been concluded and the date of disposition

CRITICALCivil cases

Applies to

Motion for order to release confidential video

A request for an order to release a confidential video must be made by written motion stating its purpose and giving notice to all parties, including any Guardian Ad Litem for the child or children.

An individual requesting a judicial order must file a written motion, with notice to all parties, including the child(ren)'s Guardian Ad Litem, if any, and set forth the purpose for the request.

CRITICAL

Applies to

Statement of amount due

Each tax lien Statement of Amount Due must be itemized and include the specified information for each lien.

Within five (5) days after the Master Commissioner files his Report of Sale, all third party tax lien claimants shall file an itemized statement of amount due as of the date of sale for each tax lien including without limitation the taxing authority, tax year, tax bill number, PVA parcel number(s), address stated on the tax bill, date of purchase, purchase price, interest, administrative fee, attorney fees, litigation expenses and costs:

CRITICAL

Applies to

Cr 78 2 motion

The movant must notify the opposing attorney or unrepresented party that the motion is under CR 78(2) and that it may be routinely granted ten days after filing unless a response is filed.

The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion maybe granted routinely by the Court ten days afer filing unless a response is filed.

CRITICALCivil cases

Applies to

Adoption records inspection request

An application to inspect adoption records must be filed with the Circuit Clerk's Office, which then transmits the request and applicable file to the Family Court Judge.

Applications regarding inspection of Adoption Records Requests are to be filed with the Circuit Clerk's Office, and once filed, the Circuit Clerk shall transmit the request along with the applicable file to the Family Court Judge.

CRITICALCivil cases

Applies to

Motion for final decree

Must include

proposed order

A motion for a decree or final order must include a proposed decree adopting any applicable settlement agreement or court order.

The motion shall be accompanied by a proposed decree adopting any settlement agreement or order of the Court, if applicable.

CRITICALCivil cases

Applies to

Pleading

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

In addition, all 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.

CRITICAL

Applies to

Family court video in chamber interview

The Circuit Court Clerk's Office may not release a Family Court video of an in-chamber interview with a child without a specific written order from the Family Court Judge.

Pursuant to FCRPP 17, the Circuit Court Clerk's Office shall not release any Family Court video in-chamber interviews with children without a specific written order of the Family Court Judge.

CRITICALCivil cases

Applies to

Agreed order

An agreed order prepared by a party must be submitted to the opposing party for signature as “Have Seen.”

Any Agreed Order prepared by an attorney or pro se party shall be submitted to the opposing attorney or prose party for signature as Have Seen.