Carroll Circuit Court Document Filing Requirements

CRITICAL

Applies to

Opposition

An opposing party who wants an oral hearing must state that desire and notice the motion for the following motion day.

If a party opposing the motion desires oral hearing, they shall so state and proceed to notice the motion for the following motion day.

CRITICAL

Applies to

Motion

Every motion must state with particularity the relief requested and the grounds for that relief.

All motions shall state with particularity the relief requested and the grounds therefor .

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1.

All petitions requested, completed, and signed by persons seeking protection under KRS Chapters 403 or 456 shall be made on form AOC-275.1 and shall be accepted and filed with the Court.

CRITICAL

Applies to

Pretrial diversion application

The application process requires counsel to state, and the defendant to agree on the record, to waive speedy-trial or speedy-disposition rights if diversion is granted.

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 or her is waived.

CRITICAL

Applies to

Order

An attorney- or pro se-prepared order must include on a separate page the Clerk’s notice-of-entry mailing certification, a distribution list with mailing addresses, and a Clerk signature line.

Any order prepared by an attorney or pro se party shall also include, on a separate page, a certification of mailing of notice of entry for the Circuit Court Clerk (see CR 77.04), a distribution list with mailing addresses for the attorneys or parties, and a signature line for the Clerk, in the following form:

CRITICAL

Applies to

Deposition transcript

Parties must provide complete deposition transcripts rather than excerpts, and must e-file PDF copies if possible.

Parties shall provide complete transcripts of depositions rather than excerpts, with PDF copies e-filed if possible.

CRITICAL

Applies to

Order setting jury trial

An order setting a jury trial must set both pretrial conferences and include applicable deadlines, such as deadlines for discovery, dispositive motions, and amended pleadings.

The Order Setting Jury Trial shall also set both a Preliminary Pretrial Conference and a Final Pretrial Conference, and shall include any applicable deadlines, e.g., for completion of discovery, filing dispositive motions, amending the pleadings, etc.

CRITICAL

Applies to

Commonwealth recommendation

The Court cannot act on a diversion request without a Commonwealth recommendation, and diversion requires a favorable recommendation.

The Court cannot act on a request for diversion absent a recommendation from the Commonwealth; diversion is unavailable absent a favorable recommendation from the Commonwealth.

CRITICAL

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

Memorandum

Supporting, response, and reply memoranda must cite the grounds and authority for requested relief; noncompliance may be grounds to deny the motion.

The supporting memorandum, and any response or reply memoranda, shall cite the grounds and authority for the relief requested. Failure to comply with this rule may be grounds for denying the motion.

CRITICAL

Applies to

Petition

All petitions must name both legal parents unless a parent’s rights have been terminated by valid court order, and must name an identified putative father.

(4) All Petitions shall name both the legal mother and father of the child(ren) unless the parent’s rights have been terminated by a valid court order. A putative father shall be named if he has been identified as the putative father pursuant KRS 625.065(1).

CRITICAL

Applies to

Dna petition

A person filing a DNA petition without an ECO must go to the Circuit Court Clerk’s office and complete Form AOC-DNA-1.

(3) Persons seeking to file a DNA petition without an ECO shall come to the Circuit Court Clerk’s office to fill out Form AOC-DNA-1, “Juvenile Dependency/Neglect or Abuse Petition.”

CRITICAL

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court a written recommendation for each pretrial diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application.

CRITICAL

Applies to

Documents or exhibits

Except for the confidential-action exception in subsection (3), parties must comply with CR 7.03 when identifiers are statutorily required or appear in related filed documents or exhibits.

However, except as set forth in subsection (3) below, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court pursuant to the above-stated chapters, parties shall comply with CR 7.03.

CRITICAL

Applies to

Motion and notice

Movant shall state that the Motion is made under CR 78(2) and this local rule. The notice shall specify that the Motion may be routinely granted without hearing by the Court upon expiration of ten (10) calendar days if no response is filed.

Movant shall state that the Motion is made under CR 78(2) and this local rule. The notice shall specify that the Motion may be routinely granted without hearing by the Court upon expiration of ten (10) calendar days if no response is filed.

CRITICAL

Applies to

Motion for judgment and order of sale

A motion for judgment and order of sale must include a status-of-account affidavit signed by the plaintiff or its representative, itemizing the balance due through the motion’s filing date, including attorney fees subject to LR 206.

When a motion for judgment and order of sale is made, it shall include a status of account affidavit signed by the plaintiff or its representative setting out the breakdown of the balance due under the obligations of the note and mortgage, to include attorney fees (but see LR 206), up to the date of filing of the motion.

CRITICAL

Applies to

Foreclosure complaint

A foreclosure complaint must include counsel’s affidavit confirming a title examination and that all lien holders are parties.

Any complaint involving a foreclosure sale on a mortgage or other lien shall include an affidavit of the plaintiff’s counsel stating that a title examination was conducted on the subject property and that all lien holders are named as parties.

CRITICAL

Applies to

Affidavit

The plaintiff must execute a separate affidavit in every case addressing whether a manufactured or mobile home is on the property.

In every case, the plaintiff shall execute a separate affidavit regarding the presence of a manufactured or mobile home on the property (e.g., “There is/is not a manufactured home located on the property.”).

CRITICAL

Applies to

Agreement on individual issues

An agreement resolving individual issues short of the entire case must be signed by both parties and counsel, if any, and submitted for court approval and entry.

(3) If the parties reach an agreement on individual issues short of settling the entire case, the agreement, signed by both parties and counsel, if any, shall be submitted to the Court for approval and entry.

CRITICAL

Applies to

Agreed order of cancellation

If there is no timely motion and ruling from the Court, the sale may be cancelled only by filing an agreed cancellation order signed by all parties who are not in default.

Absent a timely motion and ruling from the Court, the sale will only be cancelled upon the filing of an agreed order of cancellation signed by all parties who are not in default.

CRITICAL

Applies to

Plea agreement

Plea agreements must be in writing, signed, and submitted to the Court before the related plea is entered.

All plea agreements shall be reduced to writing and submitted to the Court prior to entry of pleas made pursuant to such agreements. All plea agreements must be signed and submitted to the Court no later than 3:00 p.m. the Thursday before the plea is to be taken.

CRITICAL

Applies to

Motion

Motions must state the hearing date and time, which must be a regular Motion Day unless the Court sets another date; motions that do not comply will not be docketed, except where a hearing is not required by statute or rule.

Unless by statute or rule a hearing is not required (see, e.g., LR 209, infra), all motions shall contain a notice of the date and time of the motion’s hearing. The date shall be a regular Motion Day unless the Court has set a different date. Motions in violation of this Rule shall not be docketed.

CRITICAL

Applies to

Complaint

If the property includes an affixed manufactured or mobile home, attach the filed Affidavit of Conversion to the complaint, or attach the perfected title lien statement if there is no conversion affidavit.

If the subject property contains a manufactured or mobile home that has been affixed to the real estate, a copy of the Affidavit of Conversion (see KRS 186A.297) filed with the County Clerk’s Office shall be attached to the complaint. If there is no Affidavit of Conversion, then a copy of the perfected title lien statement shall be attached to the complaint.

CRITICAL

Applies to

Motion for default judgment

A default judgment motion must include the required CR 55.01 certificate and military-service affidavit, and, if appropriate, a plaintiff’s affidavit establishing the requested judgment amount (with an employee or knowledgeable representative affidavit permitted for a business entity). If needed, the motion must request a damages hearing; the supporting memorandum must state how and when the defaulting party was served; and the military-service affidavit must include a printed Department of Defense Manpower Data Center certificate if available. Noncompliance is grounds for denial.

In addition to the certificate required by CR 55.01, and the military service affidavit required by 50 U.S.C. § 3931, Motions for Default Judgment shall include an affidavit from the plaintiff— not the plaintiff’s counsel—establishing the judgment amount requested, if appropriate. For business entities, this requirement may be satisfied by an affidavit from an employee or other representative with knowledge of the plaintiff’s damages. If a hearing will be necessary to determine damages, the motion shall request that the Court set the matter for a damages hearing. Furthermore, the supporting memorandum must include a statement of how and when the defaulting party was served, and the military service affidavit shall be accompanied by a printed certificate from the Department of Defense Manpower Data Center, if available. Failure to comply with this rule shall be grounds for denying the motion.

CRITICALCriminal cases

Applies to

Commonwealth written recommendation

When recommending diversion, the Commonwealth must provide the Court written recommendations on 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.

CRITICAL

Applies to

Request for fcrpp 6 2 alternative

Counsel requesting an alternative under FCRPP 6(2) must present the facts supporting that alternative.

In requesting one of the alternatives within FCRPP 6(2), counsel for a party shall present those facts of the case that support the alternative requested.

CRITICAL

Applies to

Motion

Must include

proposed order

A CR 78(2) movant must file a tendered order of relief, which the Court may alter or amend.

Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court. The Court reserves the right to alter or amend the tendered order to conform to its opinion as to the appropriate remedy.

CRITICAL

Applies to

Emergency or ex parte motion

All emergency motions and ex parte motions shall be submitted for the Court’s review with attached affidavit(s) and may be noticed at the convenience of the Court.

All emergency motions and ex parte motions shall be submitted for the Court’s review with attached affidavit(s) and may be noticed at the convenience of the Court.

CRITICAL

Applies to

Motion for judgment and order of sale

The motion must include a separate military-service affidavit for any individual defendants.

The motion shall also include a separate military service affidavit regarding any individual defendants,

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must include the applicable restitution terms, supervision status and fees, duration, and specified obligations and conditions.

The Order of Diversion shall include: 1. Restitution, if applicable. Restitution is mandatory where the victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised, and any supervision fees, which shall be no less than $25.00 per month. 3. The duration of the diversion. 4. An order that the defendant shall obey all rules and regulations imposed by Probation and Parole. 5. An order that the defendant shall not commit any offense during the period of pretrial diversion, including violations of the Penal Code or the Controlled Substances Act. 6. An order that the defendant comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.

CRITICAL

Applies to

Motion to cancel judicial sale

A motion to cancel a judicial sale, including a plaintiff’s motion or a joint motion, must be filed and noticed in accordance with LR 202.

Any motion to cancel a judicial sale, including a motion by the plaintiff or joint motion, shall be filed and noticed in accordance with LR 202.

CRITICAL

Applies to

Motion

A party requesting a final hearing date in an adoption case must do so by motion.

(4) Parties requesting a final hearing date in adoption cases shall do so by motion.

CRITICAL

During regular business hours, excluding holidays, a person seeking an ECO must go to the Circuit Court Clerk’s office and complete Forms AOC-DNA-1 and AOC-DNA-2.1; the clerk submits the affidavit to Family Court or, if unavailable, the on-call District Court.

(2) Procedures for Emergency Custody Orders (“ECO”): (a) During regular business hours, excluding holidays, persons seeking an ECO shall come to the Circuit Court Clerk’s office to fill out Forms AOC-DNA-1 and AOC-DNA-2.1, “Emergency Custody Order Affidavit.” The Circuit Court Clerk shall then submit the Affidavit to the Family Court or the District Court on call if the Family Court is not available.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifiers required by the cited Kentucky statutes.

In addition, all pleadings must comply with the requirement of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifiers required in those chapters.

CRITICAL

Applies to

Written motion

Counsel must submit all written motions expected to be required in the case at the final pretrial conference.

Counsel shall attend the final pretrial conference and shall submit all written motions expected to be required in the case.

CRITICAL

Applies to

Judicial order request

A person seeking an order for the video must provide a written explanation identifying the recording, stating the request’s specific purpose, and identifying who will have access to it.

An individual requesting a judicial order must provide the Court with a written explanation for the request which specifically indicates that the requested video recording is an in camera interview with a child, and which includes the specific purpose for the request and who will have access to the recording.

CRITICAL

Applies to

Motion for judgment and order of sale

The motion must also include a printed certificate from the Department of Defense Manpower Data Center if one is available.

as well as a printed certificate from the Department of Defense Manpower Data Center, if available (see 50 U.S.C. § 3931).

CRITICAL

Applies to

Pleading motion or other document

Pleadings, motions, and similar documents must provide counsel’s or a pro se party’s name, address, phone number, and email address, and must use trial counsel’s address when counsel has multiple office locations.

Pleadings, motions, and other such documents shall contain the name, address, phone number, and e-mail address of counsel, or the party if appearing pro se. If there are several office locations, the address used by trial counsel shall be indicated.

CRITICALCriminal cases

Applies to

Commonwealth written recommendation

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

The Commonwealth shall make a written recommendation to the Court in response to each application.

CRITICAL

Applies to

Commonwealth recommendation

If the Commonwealth recommends diversion, its written recommendation must address 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.

CRITICAL

Applies to

Trial brief

A trial brief must include the listed facts, issues, positions, authority, witnesses, exhibits, and requested relief, along with any other matters ordered by the Court; parties may include other helpful matters.

The brief shall include, at minimum: a concise summary of the facts including which facts are disputed or agreed; the legal issues involved; the party’s position on each legal issue and any supporting authority; a list of witnesses; a list of exhibits and copies of those exhibits that can be copied; and a statement of the specific relief requested. The trial brief shall also contain any other matters as the Court may Order and may contain other matters the party believes will assist the Court.

CRITICAL

Applies to

Attorney fee request

Every request for an attorney-fee award must include counsel’s affidavit, an itemized statement of hours expended, and a statement explaining the award’s basis; the Court will not award fees until these requirements are met.

All requests for an attorney fee award shall be accompanied by an affidavit from counsel and an itemized statement demonstrating the hours counsel expended on the matter, as well as a statement explaining the basis of the attorney fee award (e.g., a rule, statute, or contractual provision). The Court will not award attorney’s fees unless and until this requirement is met.

CRITICALCriminal cases

In applying for diversion, defense counsel must state and the defendant must agree on the record to waive the right to a speedy trial or disposition if diversion is granted.

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 or her is waived.

CRITICAL

Applies to

Diversion agreement

The Court must advise the parties whether it accepts the diversion agreement and, if it accepts, make the specified finding on the record.

The Court shall advise the parties whether it will accept the diversion agreement. If accepted, the Court shall make a specific finding on the record that the defendant entered the plea and entered into the diversion agreement, freely, voluntarily, intelligently, and knowingly.

CRITICAL

Applies to

Motion

If parties with joint legal custody cannot agree where a child who is not yet in school will attend, they must file a motion with the Court.

If the parties share joint legal custody and the child is not yet in school, the parties must make a joint decision on where the child will attend school. If the parties are unable to do so, they shall file a motion with the Court.

CRITICAL

Applies to

Dissolution joint motion or agreed order

When the parties agree on all issues and seek a decree without a hearing, they must file a joint motion or agreed order containing the listed information; the excerpt ends during item (d).

If the parties reach an agreement on all issues and seek the entry of a decree without a hearing, the parties shall file a joint motion or agreed order that contains the following information and attachments: (a) The date of marriage and separation; (b) The date the petition for dissolution was filed; (c) The date the respondent was served or filed an entry of appearance; (d) The date the final verified disclosures were filed or an agreed order or affidavit

CRITICAL

Applies to

Emergency custody order affidavit

After regular business hours, the Emergency Custody Order Affidavit must be submitted to Family Court or, if Family Court is unavailable, the on-call District Court.

(b) After regular business hours, the Emergency Custody Order Affidavit shall be submitted to the Family Court or the District Court on call if the Family Court is not available.

CRITICALCriminal cases

Applies to

Court record

If the Court accepts the diversion agreement, it must make a specific on-record finding that the defendant entered the plea and agreement freely, voluntarily, intelligently, and knowingly.

If accepted, the Court shall make a specific finding on the record that the defendant entered the plea and entered into the diversion agreement, freely, voluntarily, intelligently, and knowingly.

CRITICAL

Applies to

Diversion order

A diversion order must address restitution when applicable, supervision and any monthly supervision fees of at least $25, the diversion duration, and the stated defendant obligations and conditions.

The Order of Diversion shall include: 1. Restitution, if applicable. Restitution is mandatory where the victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised, and any supervision fees, which shall be no less than $25.00 per month. 3. The duration of the diversion. 4. An order that the defendant shall obey all rules and regulations imposed by Probation and Parole. 5. An order that the defendant shall not commit any offense during the period of pretrial diversion, including violations of the Penal Code or the Controlled Substances Act. 6. An order that the defendant comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.

CRITICAL

Applies to

Complaint

When a deceased defendant’s unknown heirs or devisees are named, counsel must file with the complaint an affidavit describing a diligent search for a probate case.

In any action where a defendant is deceased and unknown heirs, devisees, etc. are named as parties, the plaintiff’s counsel shall file an affidavit with the complaint stating that a diligent search has been conducted to determine if a probate case has been filed for the decedent’s estate.