Campbell Circuit Court Document Filing Requirements

CRITICAL

Applies to

Motion

All motions shall contain a notice of the date and time of the hearing.

All motions shall contain a notice of the date and time of the hearing.

CRITICAL

Applies to

Initial petition

Where appropriate, the Petition must be filed with a completed fiduciary bond form that leaves the amount blank and the proposed personal representative’s qualifications.

There shall be filed with the Petition, where appropriate, a completed fiduciary bond form (with the amount left blank) and qualifications for the proposed personal representative.

CRITICAL

Applies to

Order

Orders that the Civil Rules require to be served must direct the Circuit Clerk to distribute copies by mail as specified.

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, shail 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

CRITICALCriminal cases

Applies to

Notice of eligibility

If the defendant refuses to sign the Agreement of Participation, staff must notify the referring judge using the prescribed Notice of Eligibility form.

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice of Eligibility form prescribed by the Mental Health Court.

CRITICAL

Applies to

Exhibit list

Each party’s counsel must provide the Court and opposing counsel with a list of intended trial exhibits, including each exhibit’s pre-marked number and a short description, by trial commencement or the preceding pre-trial.

D. List of Exhibits. At the commencement of a civil trial, or at the pre-trial next preceding the commencement of a civil trial, each party's counsel shall tender to the Court and to opposing counsel, a list of all exhibits the party then intends to utilize at trial; the list shall contain the pre-marked number and a short description of the exhibit.

CRITICAL

Applies to

Affidavit and motion

An action may not be dismissed until all costs are paid in full to the Clerk, unless good cause is shown by affidavit and motion.

No action shall be dismissed until all costs have been paid in full to the Clerk unless good cause is shown by affidavit and motion.

CRITICAL

Applies to

Petition

A petition must use Form AOC-DNA-1, include jurisdictional citations and allegations and full parental information, and reflect diligent efforts to locate the parents, including contacting the Child Support Division.

Any petition filed with this Court shall comply with the following conditions: 1. Petitions shall be filed on Form AOC-DNA-1; 2. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 3. Full information concerning the child's parents, their address(es), and contact information. The petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the Campbell County Attorney's Office.

CRITICAL

Applies to

Restraining order or injunction motion

Motions for restraining orders or injunctions must comply with CR 65.

Motions for Restraining Orders or Injunctions shall be in compliance with CR 65.

CRITICAL

Applies to

Motion or agreed order to submit for decree of dissolution

The motion or agreed order shall contain the following info and affidavits: a. Date of marriage and separation b. Date petition for dissolution was filed c. Date respondent was served or filed entry of appearance Date verified disclosures were filed unless waived by court e. If the parties have minor children and copies of divorce/parenting class, if required. Also check the service or entry of appearance - judge cannot sign until 60 days from service or EOA if the parties have minor children. t. Copy of separation agreement Written deposition executed under oath by either party setting forth testimony required at a hearing h. Written waiver of right to a hearing executed by both parties i. An affidavit stating that the parties have lived apart for sixty (60) days and that no material change in circumstances has occurred since the taking of the proof Request for name restoration, if any

The motion or agreed order shall contain the following info and affidavits: a. Date of marriage and separation b. Date petition for dissolution was filed c. Date respondent was served or filed entry of appearance Date verified disclosures were filed unless waived by court e. If the parties have minor children and copies of divorce/parenting class, if required. Also check the service or entry of appearance - judge cannot sign until 60 days from service or EOA if the parties have minor children. t. Copy of separation agreement Written deposition executed under oath by either party setting forth testimony required at a hearing h. Written waiver of right to a hearing executed by both parties i. An affidavit stating that the parties have lived apart for sixty (60) days and that no material change in circumstances has occurred since the taking of the proof Request for name restoration, if any

CRITICAL

Applies to

Brief pleading memorandum

Briefs, pleadings, and memoranda must identify filing counsel’s name, address, bar number, party representation, and telephone number.

Name of Counsel. All briefs, pleadings and memoranda filed with the Court shall include the name, address, Kentucky Bar Association number, party representation and telephone number, including area code, of the attorney of record for the party filing them.

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

Diversion participation statement

Upon approval for diversion, the accused must sign a statement waiving the right to a speedy trial.

Upon approval for participation in the Diversion Program, the accused must sign a statement waiving his/her right to a speedy trial.

CRITICALCriminal cases

Applies to

Notice of termination

A copy of the Affidavit of Violations must be attached to the Notice of Termination.

and a copy of the Affidavit of Violations shall be attached.

CRITICAL

Applies to

Application letter

Candidates for a roster vacancy must timely submit a letter to the Chief Judge or designee stating that they meet the Rules’ minimum requirements.

When a vacancy on the roster authorized by Rule 75 occurs notice of that fact shall be published through the auspices of the Northern Kentucky Bar Association. The vacancy shall be filled from among those candidates who timely submit a letter to the Chief Judge of the Kenton District Court or the Judge's designee reciting that the candidates meet the minimum requirements of these Rules.

CRITICAL

Applies to

Motion or agreed order to submit

A motion or agreed order to submit for a divorce by deposition must include the listed marriage, filing, service or appearance, disclosure, and minor-child information.

The following information shall be included in the motion or agreed order to submit for a divorce by deposition: a. Date of marriage and separation b. Date petition for dissolution was filed c. Date respondent was served or filed an entry of appearance d. Date verified disclosures were filed (unless waived) e. Whether the parties have minor children

CRITICAL

Applies to

Motion

Each motion must be accompanied by a supporting memorandum, except routine motions such as extensions of time; failure to include one may be grounds for denial.

Except for routine motions, such as for extensions of time, each motion shall be accompanied by a supporting memorandum. Failure to do so may be grounds for denying the motion.

CRITICAL

Applies to

Ex parte emergency motion

Must include

proposed order

A prepared order must be tendered when an emergency motion is filed.

A prepared Order shall be tendered at the time of filing of the motion.

CRITICAL

Applies to

Fee application

An application for a fee by an appointed Guardian or Attorney must be supported by the accompanying statement provided for in Rule 71.

Persons appointed as Guardians and Attorneys pursuant to the provisions of KRS 620.100, as above, shall be entitled to a fee as authorized by the provisions of KRS 620.100 and CR 17.03(5), which application for a fee, however, shall be supported by the accompanying statement as provided in Rule 71.

CRITICAL

Applies to

Arbitration hearing notice

The arbitrators and the parties or their counsel must receive written notice of the hearing’s time and place at least 10 days before the hearing.

the arbitrators and the parties or their counsel shall be notified in writing at least ten (10) days before the hearing of the time and place of the hearing.

CRITICALCriminal cases

Applies to

Agreement of participation

All potential Mental Health Court participants must sign a written Agreement of Participation before eligibility is determined.

(2) "Agreement of Participation" means the written agreement required to be signed by all potential mental health court participants prior to the determination of eligibility for Mental Health Court.

CRITICAL

Applies to

Child support establishment or modification motion

Motions to establish or modify child support must comply with FCRPP 9(4).

All motions to establish or modify child support shall conform to the requirements under FCRPP 9(4).

CRITICALCriminal cases

Applies to

Notice of termination by administrative discharge

The judge must complete the Notice of Termination by administrative discharge on the court-prescribed form.

the Mental Health Court judge shall complete a Notice of Termination by administrative discharge on a form prescribed by the Court

CRITICALCriminal cases

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must submit proposed diversion conditions and the appropriate 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 . KRS 533 .252(3) .

CRITICAL

Applies to

Verified petition for dissolution

An initial financial disclosure affidavit must be filed when the dissolution petition is filed, whether the dissolution is contested or uncontested.

At the time the Verified Petition for Dissolution is filed pursuant to KRS 403.150, in either a contested or uncontested dissolution, an initial financial disclosure affidavit shall also be filed.

CRITICAL

Applies to

Child support order

Child-support orders must strictly comply with the guidelines unless the parties agree to a deviation.

All child support orders shall be in strict compliance with the guidelines unless the parties agree to a deviation.

CRITICAL

Applies to

DNA petition

All DNA petitions must comply with FCRPP 19 and be submitted to the Campbell County Attorney for review of legal sufficiency.

All petitions shall be filed in accordance with FCRPP 19 and shall be submitted to the Campbell County Attorney, who shall review the petition for legal sufficiency.

CRITICALCriminal cases

Applies to

Affidavit of violations

Mental Health Court staff must complete the Affidavit of Violations using the court-prescribed form.

Mental Health Court staff shall complete an Affidavit of Violations on a form prescribed by the Mental Health Court.

CRITICAL

Applies to

Financial disclosure statement

The Financial Disclosure Statement must include the specified income, expense, and property schedules and supporting information.

The Financial Disclosure Statement (Pre-Trial Memorandum) shall include: Income and Expense Schedule. (a) Employment status including income and deductions therefrom (as shown by wage statements). - . (b) Any additional sources of income (indicate source). (c) Adjusted gross income for each of the preceding five (5) years as shown by federal income tax returns, copies of which shall be annexed to the schedule. (d) Present monthly expenses as shown by past expenditures and anticipated additional expenses, if any, upon dissolution of the marriage. Property Schedule. (a) Marital real estate, its fair market value, and any unpaid balance of any liens thereon. (b) Marital personal property values (which exceeds $100.00) and the unpaid balance of any liens thereon. (c) Marital debts and amounts. (d) Non-marital real estate, the unpaid balance of any liens thereon, and the legal basis relied upon to support such a designation. (e) Non-marital personal property, exceeding $100.00, the unpaid balance of any liens thereon, and the legal basis relied upon to support such designation. (f) Non-marital debts.

CRITICAL

Applies to

Judgment or order

If a party’s counsel refuses to endorse a judgment or final order, the preparing counsel must file it with a certification stating to whom and when it was tendered.

Should counsel for any party refuse to endorse the judgment or final order "Have Seen", counsel who prepared it shall file the order with the Court, together with a certification that it was tendered to counsel who refused to make the endorsement and the date of such tender.

CRITICAL

Applies to

Pleading

Must include

ai disclosure

Parties may not file pleadings drafted partly or wholly by generative AI unless they file the specified certification with the Court.

A. Parties shall not file pleadings drafted (partially or in whole) by generative artificial intelligence unless a certification is filed with the Court stating: "Any language drafted by generative artificial intelligence-including quotations, citations, paraphrased assertions, and legal analysis-will be checked for accuracy, using print reporters or traditional legal databases, by a human being before submission to the Court. I understand that any attorney or pro se litigant who signs any filing in this case will be held responsible for the contents thereof according to applicable rules of attorney discipline, regardless of whether generative artificial intelligence drafted any portion of that filing."

CRITICALCriminal cases

Applies to

Affidavit of violations

If the judge agrees with the termination recommendation, staff must file an Affidavit of Violations on the prescribed form requesting termination.

If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting the judge to terminate the participant from Mental Health Court.

CRITICAL

Applies to

Response

An initial financial disclosure affidavit must be filed with the response.

An initial Financial Disclosure Affidavit shall also be filed with the Response.

CRITICAL

Applies to

Pleading

Pleadings must identify their authorship under Civil Rule 11; an interested natural person may submit papers without being an attorney but must sign them and state an address.

All pleadings shall contain the authorship thereof in accordance with Civil Rule 11 except that a natural person who has an interest in an estate, either as beneficiary or personal representative, may present such papers even though he or she is not an attorney at law, however such person shall sign his pleadings, motions or other paper and state his address, pursuant to CR 11.

CRITICAL

Applies to

Probation terms

Probation or conditional-discharge terms must be stated on the Court’s docket or approved court forms, not on private probation company forms.

Assure that the terms of probation or conditional discharge are clearly stated on the Court's docket or other forms provided by the Administrative Office of the Courts and not on the forms of the private probation company;

CRITICAL

Applies to

Jury instructions

Written jury instructions must be tendered to the District Court in compliance with ULCR 11.

Written instructions shall be tendered to the District Court in compliance with ULCR 11.

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified offense and statutory-condition requirements.

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. 5. As required by KRS 533.030(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of the pretrial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Findings of fact conclusions of law and decree of dissolution

For a Final Hearing, counsel must prepare the Findings of Fact and Conclusions of Law and, if applicable, the Decree of Dissolution.

In the event of a Final Hearing, Findings of Fact and Conclusions of Law and the Decree of Dissolution, if applicable, shall be prepared by counsel

CRITICAL

Applies to

Final settlement

Every final settlement of a decedent’s estate must include a filed photocopy of the Kentucky Inheritance Tax acceptance.

A photocopy of the Kentucky Inheritance Tax acceptance shall be filed with all final settlements of decedent's estate.

CRITICAL

Applies to

Motion to set for trial

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. In addition, the filing of a motion to set for trial shall be a "Certification of Readiness", by counsel that the

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. In addition, the filing of a motion to set for trial shall be a "Certification of Readiness", by counsel that the

CRITICAL

Applies to

Decree of dissolution request

If the parties agree on all issues, they may seek a decree of dissolution without a hearing by filing a motion or agreed order.

IF PARTIES REACH AN AGREEMENT ON ALL ISSUES, A DECREE OF DISSOLUTION MAY BE OBTAINED WITHOUT A HEARING BY FILING A MOTION OR AGREED ORDER TO SUBMIT FOR A DECREE OF DISSOLUTION OF MARRIAGE:

CRITICALCriminal cases

Applies to

Transfer order

After admission and the defendant’s acceptance, the referring judge must complete a transfer order specifying whether the transfer covers all further proceedings or only Mental Health Court proceedings; an all-proceedings transfer is limited to the named circuit or district courts.

Upon a determination of admission to Mental Health Court, and upon the defendant's acceptance of the offer to enter Mental Health Court, the referring judge shall complete an order transferring the case to Mental Health Court. The order shall indicate whether the case shall be transferred for all further proceedings or for proceedings relating to Mental Health Court only. Cases may be transferred for all further proceedings only when transferred within Boone, Campbell or Kenton Circuit or District Courts.

CRITICAL

Applies to

Motion

A motion to assign a final hearing date must be accompanied by a final Financial Disclosure Statement.

A final hearing (trial date) shall not be assigned unless the Motion is accompanied by a final Financial Disclosure Statement.

CRITICAL

Applies to

Decree or settlement agreement

Counsel must ensure that any decree or Settlement Agreement concerning child support includes appropriate provisions for wage assignment and/or collection of support through the County Child Support Division.

Counsel shall insure that the appropriate provisions with respect to the entry of a wage assignment and/or collection of support through the County Child Support Division is included in any decree or Settlement Agreement pertaining to child support.

CRITICAL

Applies to

Judgment or order

Judgments and orders submitted for signature must contain the scrivener’s typed name and signature.

All judgments and orders presented to the Court for signature shall contain the scrivener's typed name and signature and:

CRITICAL

Applies to

Motion

Defenses under CR 12.02 asserted in a responsive pleading must be brought to the Court's attention by motion.

Defenses referred to in CR. 12.02 asserted in a responsive pleading shall be brought to the attention of the Court for disposal of the issue by a motion.

CRITICAL

Applies to

Motion to set for trial

A motion to set a contested case for trial must state the action's nature, whether a jury was demanded, and the estimated trial length, and counsel must certify readiness to proceed within 60 days.

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. In addition, the filing of a motion to set for trial shall be a "Certification of Readiness", by counsel that the case is ready to proceed to trial in sixty (60) days.

CRITICAL

Applies to

Findings of facts

In Kenton Circuit Court, the Court must prepare the Findings of Facts.

(The court shall prepare the Findings of Facts).

CRITICAL

Applies to

Trial brief

In non-jury cases, each party must file a trial brief no later than 5 days before trial, excluding Saturdays, Sundays, and legal holidays.

B. In all non-jury cases, each party to the action shall file with the Court, no later than five (5) days prior to trial (Saturday, Sunday and legal holidays excluded), a trial brief.

CRITICAL

Applies to

Statement

Upon tentative acceptance into the Diversion Program by the Trial Judge, the accused, after consultation, or opportunity to consult with an attorney, must sign a statement that will waive

Upon tentative acceptance into the Diversion Program by the Trial Judge, the accused, after consultation, or opportunity to consult with an attorney, must sign a statement that will waive

CRITICAL

The listed requirement calls for a concise statement of each issue of law and fact recognized by the party.

(7) A concise statement of each issue of law and each issue of fact recognized by the party.