Campbell Circuit Court Document Filing Requirements

CRITICAL

Applies to

Extension motion response

The response opposing an extension must state the reasons the requested extension should not be granted.

The party opposing the motion shall respond within five (5) days of service of the motion, setting forth the reasons why the requested extension should not be granted

CRITICALCriminal cases

Applies to

Mental health court documents

When any listed Mental Health Court document is used, staff must file a copy with the appropriate clerk for the underlying criminal case record.

Upon utilization of any of the following documents, a copy of such documents) shall be filed by the Mental Health Court staff with the appropriate court clerk for entry into the court record of the underlying criminal offense: (a) Order referring to Mental Health Court; (b) Notice of Eligibility; (c) Order transferring to Mental Health Court; (d) Affidavit of violations; and, (e) Orders of Termination, graduation, or administrative discharge.

CRITICAL

Applies to

Property and or custody agreement

In Kenton Circuit Court, counsel must furnish the judge with a Property and/or Custody Agreement, and both parties or their counsel must tender a Decree of Dissolution for review and signature.

(c) Kenton Circuit Court. Counsel shall furnish to the Circuit Court Judge a Property and/or Custody Agreement, and both parties or their counsel shall tender for review and signature a Decree of Dissolution.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must be written and accompanied by an attorney's certificate that no papers were served by the defaulting party and a tendered default judgment.

A party seeking a judgment by default shall file a written motion for such a judgment. The motion must be accompanied by a certificate of the attorney that no papers have been served upon him/her by the party in default. The motion must also be accompanied by a tendered default judgment for the Court's consideration.

CRITICALCriminal cases

Applies to

Assessment and notice of eligibility

After the defendant executes the agreement, staff must complete the prescribed assessment and Notice of Eligibility forms and submit them, along with other pertinent information, to the team before the defendant’s next scheduled appearance.

(5) Upon execution of the Agreement of Participation by the defendant, Mental Health Court staff shall complete an assessment on a form prescribed by the Mental Health Court. After completing the assessment, Mental Health Court staff shall complete a Notice of Eligibility form on a form prescribed by the Mental Health Court. The assessment, the Notice of Eligibility and any other pertinent information regarding the defendant shall be completed and submitted to the Mental Health Court team prior to the defendant's next scheduled court appearance.

CRITICAL

Applies to

Diversion participation statement

Before signing the speedy-trial waiver, the accused must be given the opportunity to consult an attorney if desired.

Prior to signing such statement the accused shall be given the opportunity to consult with an attorney if he/she so desires.

CRITICAL

Applies to

Report and award

A dissenting member must write “Dissents” before signing the report and award.

In the event all three members do not agree on the finding and award, the dissenting member shall write the word "Dissents" before his signature.

CRITICAL

Applies to

Petition

If approved, a petition must be initialed, a copy distributed to the assigned Assistant County Attorney, and the original filed with the Family Court Clerk.

If the petition is approved, the Assistant County Attorney or Judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the Assistant County Attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the Campbell Family Court Clerk.

CRITICAL

Applies to

Motion

Motions during trial in chief may be made orally; all other motions must be written and accompanied by a legal memorandum.

Motions may be made orally during the progress of trial in chief, but all other motions must be in writing and accompanied by legal memorandum.

CRITICAL

Applies to

Child support order or agreement

A child-support worksheet must be attached to every order or agreement for child support ordered by the Court or agreed to by the parties in a case before the Court.

A child support worksheet shall be attached to all orders and agreements where child support has been ordered by this Court and/or agreed to by parties in a case that is before this Court.

CRITICAL

Applies to

Diversion report

Before diversion participation is approved, the diversion report must be made available to the County Attorney, trial judge, and defendant.

Prior to approval for participation in the Diversion Program the diversion report shall be made available to the County Attorney, the Trial Judge, and the Defendant.

CRITICAL

Applies to

Final settlement

A probate accounting summary must be filed with each final settlement.

A probate accounting summary shall be filed with each final settlement.

CRITICAL

Applies to

Initial petition

An initial Petition for appointment of a fiduciary, probate of a Will or similar initial proceeding shall be filed in the Probate division of the District Clerk's office, assigned a case number

An initial Petition for appointment of a fiduciary, probate of a Will or similar initial proceeding shall be filed in the Probate division of the District Clerk's office, assigned a case number

CRITICAL

Applies to

Probate will

A will duly proven and admitted to probate, together with the order admitting it, must be recorded with the County Clerk.

Wills that are duly proven and admitted to probate in accordance with law together with the Order admitting the Will to probate shall be recorded with the County Clerk's office.

CRITICAL

Applies to

Commissioner report

The Domestic Relations Commissioner must prepare a report of recommendations to the Court on matters submitted to the Commissioner.

The Domestic Relations Commissioner shall prepare a report of his/her recommendations to the Court upon matters submitted to him/her, pursuant to CR 53.06(1).

CRITICAL

Applies to

Pleadings and papers

All pleadings and other papers must be presented to the Court at the scheduled hearing.

All pleadings and other papers shall be presented to the Court at the scheduled hearing date

CRITICAL

Applies to

Motion

A motion may not state that it will be heard at the Court's convenience, except a motion for permanent custody change, which the Court will review and either schedule for hearing or overrule as insufficient.

No motion shall be filed with a notice that it will be heard at the convenience of the Court, with the exception of a motion asking for a permanent change of custody of a minor child or children. These motions are reviewed by the Court to see if facts have been alleged to justify a hearing, then the Court itself will set a date for heating or overrule the motion as being insufficient to justify a hearing.

CRITICAL

Applies to

Temporary custody petition

Anyone seeking temporary custody before the secretary rules on an adoption application must file a temporary-custody petition with a notice of intent to adopt.

Pursuant to KRS 199.473(7), anyone who seeks temporary custody of a child prior to the CHFS' secretary's ruling on an application for adoption shall file a petition seeking temporary custody, with a notice of intent to adopt, with the Court.

CRITICAL

Applies to

Paper

All papers filed in the case must indicate the assigned Division.

Thereafter, all papers filed in the case shall indicate the Division to which the case is assigned.

CRITICAL

Applies to

Motion

A litigant who intends to call a child to testify must seek the Court’s prior approval by motion.

If a litigant intends to call any child to testify at this hearing, this party shall seek prior approval of the Court by Motion to be heard at the convenience of the Court.

CRITICAL

Applies to

Motion to set for trial

A motion to set a contested case for trial must state the nature of the action, whether a jury has been demanded, and the estimated trial length.

All motions to set contested cases for trial shall state the nature of the action, whether or not a jury has been demanded, and the estimated length of trial.

CRITICAL

Applies to

Emergency protective order petition

Anyone filing an Emergency Protective Order petition must advise the Court of any dissolution or custody proceeding involving the parties' children.

Any person filing a petition for an Emergency Protective Order shall advise the Court of any dissolution or custody proceeding involving the children of the parties.

CRITICALCriminal cases

Applies to

Agreement of participation

For an eligible defendant, staff must explain the process and Agreement of Participation and request the defendant’s signature on the prescribed form; the attorney may be present or absent.

(4) If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain the Mental Health Court process and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney.

CRITICAL

Applies to

Pretrial disclosures

Each party must disclose the specified witness, evidence, document, expert, contention, and stipulation materials to all other parties and provide a copy to the court no later than ten days before the pretrial conference, subject to the stated privilege and work-product exception.

A. Not later than ten (10) days prior to the pretrial conference each party shall disclose the following material to all other parties with a copy to the court: (1) Name, address and telephone number of any witness whom the party may call at trial together with a copy of any statement of such person or if there is no such statement, a summary of the testimony the person is expected to give. However, no party shall be required to furnish any statement (written or taped) protected by the attorney-client privilege or work product rule. (2) A description, drawing or photograph of any physical evidence which is to be presented at trial. (3) A copy of any document or writing which is to be presented at trial. (4) A brief summary of the qualification of any expert witness the party may call at trial together with a report or statement of any such expert witness which sets forth the subject matter of the expert witnesses' anticipated testimony; the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. (5) A statement summarizing each contention in support of every claim or defense which the party will present at trial and a brief statement of the facts upon which the contentions are based. (6) Offers of stipulation.

CRITICAL

Applies to

Adoption petition

Temporary-custody petitions must be filed in an AD case; a petition for adoption may later be filed in that same case.

Such petitions shall be filed in an AD case to maintain confidentiality of the proceedings and a Petition for Adoption may be subsequently filed in the same case.

CRITICALCriminal cases

Applies to

Confidentiality agreement

A non-team member may attend staffing only with extraordinary need and the judge's approval, and must first sign a confidentiality agreement.

If there is an extraordinary need for a non-team member to attend, upon approval by the Mental Health Court judge, the non-team member shall be allowed to attend the staffing, but only after signing a confidentiality agreement.

CRITICAL

Applies to

Temporary child support motion

A temporary child support motion must include a Child Support Worksheet and the moving party's affidavit stating the number of children of the marriage and the parties' incomes.

This motion must be accompanied by a Child Support Worksheet and an Affidavit of the moving party setting forth the number of children of the marriage and the income of the parties.

CRITICALCriminal cases

Applies to

Ineligibility notice

If a defendant is ineligible for assessment, staff must notify the referring judge in writing using the Mental Health Court’s prescribed form.

(2) If a defendant is determined to be ineligible for assessment, Mental Health Court staff shall inform the referring judge in writing utilizing the form prescribed by the Mental Health Court.

CRITICAL

Applies to

Verified petition for dissolution

A Preliminary Financial Disclosure Statement, form AOC-238, must be exchanged when the Verified Petition for Dissolution is filed.

At the time the Verified Petition for Dissolution is filed pursuant to KRS 403.150, a Preliminary Financial Disclosure Statement (form AOC-238) shall be exchanged

CRITICAL

Applies to

Discovery motion

The moving party must attach counsel’s certification that counsel conferred and could not resolve the dispute; the certification should detail their resolution attempts.

The moving party shall attach to the motion a certification of counsel that counsel have conferred and that they have been unable to resolve their differences. The certification should detail the attempts of counsel to resolve the dispute.

CRITICALCriminal cases

Applies to

Notice of termination

The receiving court's circuit court clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit court clerk in the receiving court, who shall serve notice

CRITICAL

Applies to

Settlement

Each settlement must include supporting documentation for all disbursements, such as vouchers, receipts, or canceled checks, in the order shown on the settlement.

All disbursements shall be supported by the original photocopy which may include vouchers, receipts or canceled checks filed with the settlement and in the order as shown on the settlement.

CRITICAL

Applies to

Summons and petition

The petitioner's attorney must notify the client of the obligation and attach the "Parents are For Good" brochure to the summons and petition.

The attorney representing the petitioner shall notify his or her client of this obligation, and shall attach a copy of the brochure "Parents are For Good" to the summons and petition in order that the respondent receives notification of this obligation.

CRITICAL

Applies to

Motion

A criminal motion must include notice of the hearing date and time.

the motion shall contain a notice of the date and time of the hearing.

CRITICAL

Applies to

Certificate of compliance

Each party must file a certificate of compliance with Rule 93 upon completion of discovery.

A certificate of compliance with Rule 93 shall be filed by each party upon the completion of discovery.

CRITICAL

Applies to

Order of withdrawal

An order of withdrawal must authorize an attorney by name before the Clerk may pay court-held money to that attorney.

The Clerk shall not pay such money to an attorney unless such attorney is so authorized by name in the order of withdrawal.

CRITICAL

Applies to

Jury case trial filings

In jury cases, each party must file a trial brief and desired jury instructions by 10 days before trial, excluding Saturdays, Sundays, and legal holidays; the brief must outline the issues, points relied upon, authorities, and other helpful matters.

A. In all jury cases, each party to the action shall file with the Court, no later than ten (10) days prior to trial( Saturday, Sunday and legal holidays excluded), a trial brief and desired jury instructions. The brief shall outline the issues involved, points relied upon, authorities, and such other matters as may be of assistance to the Court in trying the case.

CRITICAL

Applies to

Decree

The Decree must contain language appropriate to fulfill KRS 403.215 and KRS 403.465.

The Decree shall contain language appropriate to fulfill the mandates of KRS 403.215 and KRS 403.465.

CRITICAL

Applies to

Order

Orders required to be served on opposing parties or counsel must direct the Circuit Clerk how to distribute copies.

Orders. All orders which are required under the Civil Rules to be served upon opposing parties or counsel, including judgments, final orders and orders affecting the running time for taking an appeal, shall contain directions to the Circuit Clerk for distribution thereof in the following manner: Mail copies to: John Jones Attorney for Plaintiff, Jane Doe 208 Main Street Anytown, Kentucky 41000

CRITICAL

Applies to

Motion

A motion generally may not state that it will be heard at the Court's convenience; a permanent-custody-change motion is excepted and the Court will set a hearing date or overrule it.

No Motion shall be filed with a notice that it will be heard at the 'convenience of the Court," with the exception of a motion asking for a permanent change of custody of a minor child or children. These motions are reviewed by the Court to see if facts have been alleged to justify a hearing, then the Court itself will set a date for hearing or overrule the motion as being insufficient to justify a hearing.

CRITICAL

Applies to

Default judgment motion

For an automobile property-damage claim, submit a repair estimate or other evidence of the claimed damages, together with a statement that the repair estimate does not exceed the automobile's fair market value.

If the basis of plaintiff(s) claim is property damage to an automobile, a copy of the repair estimate or other document evidencing the damages sought in the Complaint, with a statement that the repair estimate does not exceed the fair market value of the automobile.

CRITICAL

Applies to

Court record

The County Attorney may not unreasonably withhold consent to diversion and must state the reasons on the record if consent is refused.

B. Consent of the County Attorney to the Person's participation in the Diversion Program shall not be unreasonably withheld. If the County Attorney refuses to consent to the person's participation in the Diversion Program, he/she shall state on the record the reasons therefore.

CRITICAL

Applies to

Affidavit of indigency

Appointment of counsel for a parent or custodian is contingent on submitting an Affidavit of Indigency within seven days after the order, or as soon thereafter as reasonably possible.

Said appointment for parents and/or custodian is contingent upon the party's submission of an Affidavit of Indigency with this Court within seven (7) days from the date the Order is entered or as soon thereafter is reasonably possible.

CRITICAL

Applies to

Discovery objection

Every objection must state its reasons and grounds.

In all cases of objection, the replying party shall state the reason and grounds for the objection.

CRITICAL

Applies to

Documents requiring judges signature

Parties who choose electronic submission through CourtNet must submit the documents as TENDERED documents.

Parties who elect to do so MUST submit documents as TENDERED documents.

CRITICAL

Applies to

Petition

The reviewing judge must identify in the petition’s Court Action section which type of protective-order action resulted.

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.

CRITICAL

Applies to

Petition

A completed fiduciary bond form, with the amount left blank, must be filed with the petition.

There shall be filed with the Petition, a completed fiduciary bond form (with the amount left blank).

CRITICAL

Applies to

Report and award

All members of the Board must sign the report and award.

The report and award shall be signed by all of the members of the Board.

CRITICAL

Applies to

Judgment or order

Contain a "Have Seen" endorsement of all other attorneys of record. This endorsement shall constitute an acceptance by said counsel only that the order or judgment is in conformity with the ruling of the Court.

Contain a "Have Seen" endorsement of all other attorneys of record. This endorsement shall constitute an acceptance by said counsel only that the order or judgment is in conformity with the ruling of the Court.

CRITICAL

Applies to

Pleading

Every pleading submitted for filing must include the names, addresses, and phone numbers of the Estate’s attorney and personal representative.

The name, address and phone number of both the attorney for the Estate and the personal representative of the estate shall be included on all pleadings submitted for filing.