Calloway Circuit Court Document Filing Requirements

CRITICAL

Applies to

Order of distribution

An order distributing funds held by the Commissioner must list all amounts collected and identify each recipient and the specific amount due under the judgment or order.

Orders requiring distribution of funds held by the Commissioner shall set forth all amounts collected, identify the proper recipient(s) and the specific amounts due each under the judgment or order.

CRITICAL

Applies to

Petition

The judge reviewing an order-of-protection petition must indicate in its Court Action section whether the resulting action is a domestic violence action or an interpersonal protective order action.

The judge reviewing a petition for an order of protection shall indicate in the "Court Actioni 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.

CRITICAL

Applies to

Request for attorney fees

An attorney-fee request must include counsel's affidavit stating its basis.

Requests for attorney's fees must be accompanied by an affidavit of counsel setting out the basis for the request for attorney's fees.

CRITICALCivil cases

Applies to

Notice

The notice must state that the motion may be routinely granted without a hearing; the provided text ends before the remaining wording.

The notice shall specify that the motion may be routinely granted without hearing by the

CRITICAL

Applies to

Jury instructions

When directed by the Judge, parties must submit the instructions they intend to offer at trial; additional instructions may be offered after the evidence closes to conform to the proof or in the interest of justice under CR 51.

The parties upon direction of the Judge shall submit those instructions to be offered at trial, additional instructions may be offered at trial upon close of the evidence, and to conform to the proof or in the interest of justice, as provided by CR 51.

CRITICAL

Applies to

Joint statement

When mediation resolves only some issues or the parties reach agreements on discovery or other matters, they must submit a joint statement identifying resolved and remaining trial issues within ten days after mediation ends.

If some, but not all, of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial. This statement shall be submitted within ten (10) days of the termination of mediation.

CRITICAL

Applies to

Settlement order

If a case settles before or during mediation, an attorney for one of the parties must prepare and submit an order reflecting the settlement to the Court.

If a case is settled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

CRITICAL

Applies to

Order or judgment

Must include

certificate of service

The original order or judgment must include a prepared certificate of service for the Clerk’s signature listing the addresses of non-default parties or, for represented parties, their counsel and counsel’s addresses.

The original of an Örder or Judgment shall have thereon a prepared Certificate of Service for the Clerk's signature and said certificate shall state the names and addresses of all parties to the proceedings, who are not in default for failure to appear, or if the parties are represented by counsel, the name of their respective counsel and their addresses:

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.

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.

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth's Attorney must make written recommendations to the Court about conditions for pre-trial diversion.

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

CRITICALCriminal cases

Applies to

Pretrial diversion order

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

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

Petition or motion to reopen family court case

A party filing a petition or motion to reopen a family court case must also file a completed AOC-FC-3 Family Court Case Data Information Sheet, available from the Circuit Court Clerk's Office.

Any party filing a petition or motion to reopen a family court case shall also file a completed AOC-FC-3 Family Court Case Data Information Sheet, which may be obtained in the Circuit Court Clerk's Office.

CRITICAL

Applies to

Petition or reopening motion

When filing a petition or reopening a case in the Family Court division, parties must complete an AOC-FC-3 Family Court Case Data Information Sheet.

All cases filed or reopened in the Family Court division of the Circuit Court shall, with the filing of any petition or motion (in the case of a reopening), complete an AOC-FC-3 Family Court Case Data Information Sheet, which may be obtained in the Circuit Court Clerk's Office.

CRITICAL

Applies to

Motion to confirm sale

Must include

proposed order

The Master Commissioner must tender a proposed order confirming sale with the motion to confirm sale.

Ten (10) days after filing the Report'of Sale, if no objections have been filed thereto, the Master Commissioner shall file a motion to confirm sale to be ruled on at the convenience of the Court without a hearing, and shall tender a proposed order confirming sale.

CRITICAL

Applies to

Motion for compensation

A motion for compensation must include a report stating the hours and description of services, the reasonableness of the requested fee, and whether and when the action or proceeding concluded.

A. Motions for compensation shall be accompanied by a report 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.

CRITICALCivil cases

Applies to

Request for judicial order

A request for an order to release an in-chamber interview video must include a written explanation identifying the requested portion and stating the request’s specific purpose.

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

CRITICALCivil cases

Applies to

Protective order petition

After regular business hours, the authorized agency or individual must present the petition for consideration to the county Family Court Judge, or follow the after-hours routing procedure if that judge is unavailable or not found.

Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The authorized agency or individual handling the petition for an Emergency Protective Order or Interpersonal Protective Order petition shall deliver the petition for consideration to the Family Court Judge of the county, or if unavailable or not found

CRITICALCivil cases

Applies to

Paternity case file inspection

Anyone other than those otherwise authorized must obtain a court order before inspecting a paternity case file.

All other persons desiring to inspect a paternity case file shall first obtain an order from the court permitting such inspection.

CRITICALCivil cases

Applies to

Protective order petition

Protective-order petitions must 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.

WARNING

Applies to

Pleading motion or other filing

A rubber stamp does not qualify as a signature under this rule or CR 11.

A rubber stamp shall not be deemed a signature either under this rule or CR 11.

WARNINGCivil cases

Applies to

Protective order petition

The individual taking the petition should review it for completeness prior to swearing the petition.

The individual taking the petition should review it for completeness prior to swearing the petition.

WARNING

Applies to

Jury instructions

The Court may require the parties to submit written instructions before trial based on the issues and law as they then understand them.

In the order to be entered pursuant to CR 16, the Court may require the parties to submit in advance of the trial written instructions based upon the issues and the law as then conceived by the parties

WARNING

Applies to

Memorandum of law

The Court may require memoranda of law on aspects of the case identified in its order.

The Court may also require submission of memoranda of law on any aspects of the case specified in the order.

INFO

Applies to

Court copy

Photocopies of relied-upon cases may, but are not required to, be attached as appendices to the Court's copy.

Photocopies of cases relied upon may be attached as appendices to the Court's copy.

INFOCivil cases

Applies to

Order

The Court may direct an attorney or pro se party to prepare an order reflecting its findings, or may prepare the order itself after taking the matter under submission.

The Court may direct an attorney or pro se party to prepare an order reflecting the findings of the Court or may take the matter under submission for preparation of an order by the Court.