Campbell Circuit Court Document Filing Requirements

CRITICAL

Applies to

Motion to set for trial

Counsel's motion to set a case for trial must certify that the case is ready to proceed to trial within 60 days.

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

Diversion contract

The diversion contract must be presented to the Trial Judge for final approval, indicated by the judge’s signature, before the accused is accepted into the program.

The contract shall be presented for final approval to the Trial Judge, and, upon its final approval (which shall be indicated by the signature of the Trial Judge on the contract), the accused shall be accepted into the Diversion Program and the terms of the Diversion contract shall commence to be binding.

CRITICAL

Applies to

Final hearing

A final hearing date may not be assigned until the Court receives the Property Agreement or a separate Affidavit confirming full financial disclosure, equitable terms, and that the Agreement was not signed under duress.

A Final hearing date shall not be assigned unless the Property Agreement or a separate Affidavit is presented to the Court indicating that the parties have made a Full Financial Disclosure and that the terms of the agreement are equitable and the Agreement has not been signed under duress.

CRITICALCriminal cases

Applies to

Pretrial diversion application

Counsel must state the speedy-trial waiver in the diversion application, and the defendant must agree to it on the record.

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree on the record, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .

CRITICAL

Applies to

Motion

Motions other than motions to set for trial must recite authority.

All motions, other than motions to set for trial, must recite authority.

CRITICAL

Applies to

Final verified financial disclosure statements

In a divorce by deposition where one party proceeds pro se, Final Verified Financial Disclosure Statements must be filed and cannot be waived.

In the event one party proceeds pro se in a divorce by deposition, Final Verified Financial Disclosure Statements shall be filed and cannot be waived.

CRITICAL

Applies to

Pro bono referral report

Private probation companies must report monthly to the Court on referred pro bono cases, whether they accepted or rejected each referral, and reasons for any rejection.

Require that all private probation companies report to the Court on a monthly basis all pro bono cases referred to such company by the Court and whether such company accepted or rejected such pro bono referral and, if rejected, the reasons for such rejection.

CRITICAL

An estimate notice must include a statement about whether the property was repaired and, if so, the extent of repairs and a receipted bill.

In the case of an estimate, the party intending to offer the estimate shall forward with his or her notice to the adverse party together with the copy of the estimate a statement indicating whether or not the property was repaired, and if it was, whether the estimated repairs were made in full or part, attaching a copy of the receipted bill showing the items of repair made and the amount paid.

CRITICAL

Applies to

Affidavit

Good cause to avoid dismissal for want of prosecution must be shown by affidavit.

except for good cause shown by affidavit.

CRITICAL

Applies to

Diversion program termination statement

A Divertee who chooses to terminate participation must submit a written statement indicating that choice.

At any time the Divertee may voluntarily choose to be terminated from the Diversion Program by submitting a written statement indicating same.

CRITICAL

Applies to

Property schedule

When the respondent is in default, the petitioner’s attorney must submit an itemized property schedule for the Court to review at the hearing.

When a respondent is in default, the attorney for the petitioner shall submit to the Court an itemized property schedule for review at the time of the hearing.

CRITICAL

Applies to

Guardian ad litem fee request

A guardian ad litem fee request must include an attorney statement identifying the date, hours spent, and a general description of the services performed.

Such request for fees, however, shall be accompanied by a statement of the attorney defining the date, hours spent and a general description of the services performed.

CRITICAL

Applies to

Motion

Every motion must state precisely the relief requested.

A: Motions. All motions shall state precisely the relief requested.

CRITICAL

Applies to

Initial hearing documents

Where appropriate, the listed documents must be presented to the Court at the initial hearing for review, findings, and approval.

Where appropriate, the documents to be presented to the Court at the initial hearing for its review, findings and approval, shall include the following: Waiver of Recording 2. Petition 3. Witness Form Order Probating Will and Appointing Executor 5. Order Appointing Fiduciary Fiduciary Bond 7. Certificate of Qualification

CRITICAL

Applies to

Civil motion

Civil motions, except those that may be heard ex parte, and motions to set contested civil actions for trial must appear on the Motion Docket.

All civil motions, other than one which may be heard ex parte, and all motions to set contested civil actions for trial, shall appear on the Motion Docket. (Contested civil actions are actions in which an Answer or Response has been filed).

CRITICAL

Applies to

Default judgment motion

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.

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

Notice of termination

The circuit court clerk in the receiving court 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.

CRITICAL

Applies to

Adoption proceeding

For adoption proceedings, the listed final paperwork must be submitted for court review before a hearing date is scheduled.

Final paperwork, including a draft of the Notice of Hearing, the Findings of Fact and Conclusions of Law, Judgment of Adoption, and Motion and Order for Fees, for all adoption proceedings shall be submitted to the Court for review prior to a hearing date being scheduled.

CRITICALCriminal cases

Applies to

Affidavit of administrative discharge

If the team finds administrative discharge appropriate, staff must complete an affidavit of administrative discharge for the judge.

If the Mental Health Court team determines that administrative discharge is appropriate, the Mental Health Court staff shall complete an affidavit of administrative discharge to provide to the Mental Health Court judge

CRITICAL

Applies to

Financial disclosure affidavit

The initial financial disclosure affidavit must outline, to the party’s best knowledge, the parties’ assets, debts, and earnings.

The affidavit shall, to the best of the party's knowledge, outline the parties assets, debts and earnings.

CRITICAL

Applies to

Settlement

Each settlement must state whether it is periodical or final.

1. Whether the settlement is periodical or final.

CRITICAL

Applies to

Order

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

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

Ex parte temporary support motion

Ex-parte motions for temporary support must be filed and heard in conformity with KRS 403.160.

Ex-parte Motions for temporary support shall be filed and heard in conformity with KRS 403.160.

CRITICAL

Applies to

Diversion contract

The accused must agree to a diversion contract specifying its required terms and services, submit it to the trial judge for final approval, and include any special terms required by the judge.

Upon approval of participation in the Diversion Program, the accused shall meet with a Diversion Officer to establish and agree to a formal contract which will specify the conditions required, the referral services to be used, the length of the contract, and the need, if any, for the accused to make required restitution or perform community service. The contract shall be presented for final approval to the trial judge, and uon its final approval, the terms of diversion shall commence. The Diversion Contract shall contain any special terms required by the trial judge.

CRITICAL

Applies to

Child support motion and response

A child-support motion and any response must include a Kentucky Child Support Guideline Worksheet and an attached affidavit of pertinent facts.

Any motion for child support and any response thereto shall be accompanied by a Kentucky Child Support Guideline Worksheet and an affidavit regarding the pertinent facts attached thereto.

CRITICAL

Applies to

Property and or custody agreement

In Campbell Circuit Court, counsel must furnish the Circuit Court Judge with a Property and/or Custody Agreement.

(b) Campbell Circuit Court. Counsel shall furnish to the Circuit Court Judge a Property and/or Custody Agreement.

CRITICAL

Applies to

Emergency custody order request

CHFS may use AOC-DNA-1 with the attached affidavit for an ECO request; any other requester must complete AOC-DNA-2.1 in addition to DNA-1.

If the CHFS is the party seeking an ECO, it may complete AOC-DNA-1 along with the attached affidavit. If the request for an ECO is made by a person other than CHFS, that person must complete AOC-DNA-2.1 in addition to the DNA-1.

CRITICALCriminal cases

Applies to

Notice of termination and affidavit of violations

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

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit court clerk in the receiving court, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court for each application.

The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2).

CRITICAL

Applies to

Documents

a "prepared by" designation included on all documents

a "prepared by" designation included on all documents

CRITICAL

Applies to

Motion

Motions must state the hearing date and time; a motion without that notice will be heard at the next regular Motion Docket.

All motions shall contain a notice of the date and time of the hearing. Motions that do not contain such notice shall be heard at the next regular Motion Docket of the Court.

CRITICAL

Applies to

Brief pleading memorandum

A filing citing an out-of-state case or non-Kentucky statute must furnish the Court a copy of that authority.

D. Cases from Other Jurisdictions. Whenever a brief, pleading or memoranda filed in the Court contains a citation to a case outside the Commonwealth of Kentucky or to a statute other than a Kentucky statute, a copy of the cited case or statute shall be furnished to the Court.

CRITICAL

Applies to

Pretrial services submission

Before diversion is approved, Pretrial Services must present the trial judge with any arresting-officer or victim comments and opinions on the offense, diversion, and suggested contract terms.

D. Prior to approval for participation in the Diversion Program, the Pretrial Services Office shall present to the trial judge the comments and opinions, if any, of the arresting officer and/or victim of the alleged crime regarding the nature of the offense, the appropriateness of diversion, and suggested terms of the Diversion Contract.

CRITICAL

Applies to

Default judgment motion

A motion for default judgment must include the specified certificate and, if required, a Military Affidavit; the certificate must address service, the balance due, and the original promissory note or explain its absence.

Motions for Default Judgments shall be accompanied by the following certificate in addition to the Military Affidavit, if a Military Affidavit is required: DEFAULT JUDGMENT CERTIFICATE Plaintiff, by counsel, certifies that: A. No papers have been served on plaintiff's counsel by the defendant(s) in default. B. Defendant(s) were served on C. The balance due on the loan is as follows: (a) The amount of the original obligation is: $ (b) The amount paid by defendant(s) to be deducted from the original obligation İS: $ (c) If there is a small loan, the amount of unearned interest' rebate to be deducted pursuant to KRS 288.530(6) is: $ (d) The balance due from defendant's is: $ (e) If the balance due on line (d) above is different from the amount sought in the Default Judgment, the reason is: D. If the basis of plaintiff's claim is a Promissory Note, the original note has previously been filed herein or is filed herewith. If not, the reason is:

CRITICAL

Applies to

Decree submission

The decree submission must include proposed findings of fact and conclusions of law and a decree.

Proposed Findings of Fact and Conclusions of Law and a Decree

CRITICAL

Applies to

Written court authorization

Neither party may call a child as a witness or bring the child to Court without prior written Court authorization.

Under no circumstances should either party call a child as a witness or bring the child to Court without prior written Court authorization.

CRITICAL

Applies to

Final hearing request

The state child protective service agency report and guardian ad litem report must be filed before a final hearing is requested.

No request for final hearing shall be made prior to the filing of the state child protective service agency report and the guardian ad litem report.

CRITICAL

Applies to

Temporary child support motion

A motion under KRS 403.160(5)(b) must certify that the opposing party or counsel was notified of the filing date.

A 160(5)(b) Motion shall also certify notice to the opposing party or their counsel of the date the Motion was filed.

CRITICAL

Applies to

Criminal complaint affidavit

Private citizens seeking criminal process or wishing to register a complaint in Boone County must provide an authorized recipient with a written, sworn criminal-complaint affidavit.

A. Private citizens who wish to obtain criminal process or otherwise register a complaint within Boone County shall provide any person authorized to take criminal complaints with a written and sworn affidavit for a criminal complaint.

CRITICAL

Applies to

Child support order

An order that deviates from the Kentucky Child Support Guidelines must include a statement explaining the reason for the deviation.

In the event the parties have, by agreement or otherwise, deviated from the Kentucky Child Support Guidelines, a statement explaining the reason for said deviation shall be included in the order.

CRITICAL

Applies to

Judgment or order

Under the certification option, counsel must certify that the order was sent or delivered to opposing counsel and state the date.

Contain a certification by counsel that the order has been sent or delivered to opposing counsel and the date sent or delivered.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion filed with the Clerk must be accompanied by a tendered order, except when the Civil Rules require the order to contain findings of fact made by the Court.

No motion shall be filed in the Clerk's office unless same is accompanied by tendered order for the Court's consideration. This rule shall not apply if the order sought is required by the Civil Rules to contain findings of fact to be made by the Court.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion filed with the Clerk must be accompanied by a tendered order, except when the Civil Rules require the requested order to contain court-made findings of fact.

No motion shall be filed in the Clerk's office unless same is accompanied by tendered order for the Court's consideration. This rule shall not apply if the order sought is required by the Civil Rules to contain findings of fact to be made by the Court.

CRITICAL

Applies to

Attorney signed paper

Attorney-signed papers must include the attorney’s clearly legible typewritten name, address, Kentucky Bar Association number, party representation, and office telephone number with area code in the signature block.

A. All pleadings, motions, appearances, entries of satisfaction, stipulations or any other paper required to be signed by an attorney must be signed as provided for in the CR and this Rule. In addition, the clearly legible typewritten name, address, Kentucky Bar Association number and party representation of such attorney, the office telephone number including area code, shall appear as a portion of the signature block.

CRITICAL

Applies to

Notice of appeal

A notice of appeal must be accompanied by an affidavit stating that the appeal is not being taken for delay.

The appellant shall file with the Clerk a notice of appeal accompanied by an Affidavit within thirty (30) days that the appeal is not being taken for delay.

CRITICAL

Applies to

Discovery objection

An objection to an answer or failure to answer must include the full interrogatory or request, any answer, and the reasons and grounds for the objection.

When an objection is filed to an answer or failure to answer an interrogatory or a request it shall set out the interrogatory or request in full, the answer, if any, thereto and the reasons and grounds for the objection.

CRITICAL

Applies to

Diversion report

The diversion report must contain the listed pretrial, criminal-history, program-participation, employment, residence, and eligibility information.

such report shall contain basic pretrial information, record of any past offenses and convictions, record of any prior participation in the diversion program or other similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the Diversion Program.

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 of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICAL

Applies to

Affidavit

A special bailiff seeking compensation must submit an affidavit setting forth the costs, including mileage and the total amount due; the compensation is taxed as costs of the action.

Special bailiffs may be compensated as provided in KRS 24A. 170 by setting out the mileage and total amount due the special bailiff, which shall be taxed as costs of the action, upon affidavit of the special bailiff specifically setting for such costs.

CRITICAL

Applies to

Child support hearing

Each party must furnish the Judge or Commissioner, immediately before a child support hearing, a completed monthly child support worksheet conforming to the proof the party intends to introduce.

E. Each party shall furnish to the Judge or Commissioner immediately prior to any child support hearing, a completed Worksheet for Monthly Child Support Obligations conforming to the proof the party intends to introduce.