Carter Circuit Court Document Filing Requirements

CRITICAL

Applies to

Trial memorandum

When requested by the Court, both parties must file trial memoranda covering the listed facts, issues, arguments, requested relief, trial materials, and mediation status.

When requested by the Court, both Petitioner and Respondent shall file a trial memoranda with the Court which address the following: A. A summary of the general fact; B. A statement of any stipulated facts; C. A concise statement of each general issue (both factual and legal) in dispute; D. Argument with ample supportive citations of authority pertinent to any unusual or unique issues or fact and/or law; E. Conclusions setting forth the specific relief sought from the Court, and in particular an itemized listing of the personal property that the Petitioner/Respondent would like the Court to award to him or her; F. Updated witness lists, trial exhibits, etc.; G. A statement of the status of mediation (if applicable).

CRITICAL

Applies to

Emergency custody order

If a CHFS social worker receives an Emergency Custody Order, a copy must go to the agency and the person seeking the order before they leave the Clerk’s Office, while the original remains there.

If a CHFS social worker is granted an ECO, the social worker is to provide a copy to the agency. A copy shall also be provided to the person seeking the ECO prior to leaving the Circuit Clerk's Office. The original ECO shall remain with the Circuit Clerk's Office.

CRITICAL

Applies to

Status quo motion

if a Motion for a Status Quo Order is filed with the Petition which requests entry of the AOC 237, Status Quo Order, and which states that the Respondent has ten days to file any objection to entry of the Order

if a Motion for a Status Quo Order is filed with the Petition which requests entry of the AOC 237, Status Quo Order, and which states that the Respondent has ten days to file any objection to entry of the Order

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court with 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

Summons

If a case is reassigned or transferred, the issuing judge must re-issue summons until the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Statement

An attorney seeking access to a paternity file must sign a statement limiting what may be disclosed to the client.

Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client and that all other information in the case cannot be disclosed to the client,

CRITICAL

When filing an adoption petition, the petitioner's attorney must complete a checklist and attach it to any notice for final hearing.

Upon filing of a Petition for Adoption the attorney for the petitioner shall complete a checklist and attach to any notice for final hearing. The checklist can be obtained from the Circuit Clerk's Office.

CRITICAL

Applies to

Pleading motion or other paper

Must include

case number

Every filed pleading, motion, or other paper must include the case number and the signer’s typed or printed name, address, and telephone number.

Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address and telephone number of the attorney or party signing the paper.

CRITICAL

Applies to

Judicial order request

The clerk may not release a Family Court in-chambers interview video without a specific written order, and a requester must provide the judge a written explanation.

Pursuant to FCRPP 17, the Circuit Court Clerk shall not release any Family Court video in-chamber interviews with children without a specific written order of a Family Court Judge. An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request,

CRITICAL

Applies to

Agreement or agreed order

All agreements and Agreed Orders must include the correct mailing addresses for the attorneys and parties.

All agreements and Agreed Orders shall contain the correct mailing addresses for the attorneys and parties.

CRITICALCriminal cases

Applies to

Written recommendations

When recommending diversion, the Commonwealth must submit written recommendations describing the 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) .

CRITICALCriminal cases

Applies to

Diversion contract

The diversion contract must specify the court-ordered conditions, referral services, contract length, and any required restitution or community service.

Upon referral to the Program, the defendant shall meet with a Pretrial officer to establish a formal contract which specifies the court ordered conditions, the referral services to be used, the length of the contract, and, if required the need for the defendant to make restitution or perform community service.

CRITICAL

The Clerk's office must grant an attorney access to a paternity case file for representation-related reasons upon receiving either the attorney's access statement or the party's signed and notarized release.

Upon receipt of the Circuit Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Circuit Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the 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 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 petition must cite the specific statute and jurisdictional factual allegations and provide full information about the child’s parents and their addresses.

Any petition filed with the Court shall comply with the following conditions: 1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information concerning the child's parents and their address(es).

CRITICAL

Applies to

Motion

Except in Paternity actions, confidential Family Court video records require a specific written order for release; a request for that order must be made by written motion, with notice to all parties and any child’s Guardian Ad Litem, and state its purpose.

The Circuit Clerk shall not release any copies of Family Court confidential video records, except for Paternity actions, without a specific written order from the presiding Family Court Judge. An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose for the request.

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

Upon approval to participate, the defendant must sign a statement waiving the right to a speedy trial.

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

CRITICAL

Applies to

Petition

A petition must be submitted to the County Attorney for legal-sufficiency review, routed to the judge if rejected, and, if approved, initialed and filed with a copy distributed to the County Attorney.

All petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the County Attorney, who shall check the petition for legal sufficiency. If the petition is rejected by the county attorney, it shall be submitted to the Family Court Judge for determination of legal sufficiency. If the judge determines that the petition fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is approved, the county attorney or judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the county attorney and the original shall be filed with the Office of the Circuit Clerk.

CRITICALCriminal cases

Applies to

Pretrial report and diversion contract

After the diversion contract is completed, the Pretrial officer must submit the pretrial report and contract to the trial judge for approval.

Following completion of the diversion contract, the Pretrial officer shall submit a pretrial report and the contract for approval to the trial judge.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, counsel must state on the record that granting diversion waives the speedy-trial or disposition right, and the defendant must agree 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 .

CRITICALCriminal cases

Applies to

Order of pretrial diversion

An Order of Diversion must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified offense and other conditions.

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

Appearance and waiver or agreement

An unrepresented party must sign and acknowledge an appearance and waiver or agreement before a notary.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary.

CRITICALCriminal cases

Applies to

Pretrial report

The pretrial report must include specified background, offense, prior-program-participation, employment, residence, and eligibility information.

The report shall contain basic pretrial information, a record of any past offenses and conviction, a record of any prior participation in the diversion program or 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 Program.

WARNING

Applies to

Pro se motion

Petitioners seeking to initiate contempt proceedings should contact the County Attorney or private counsel, or file a pro se motion with the appropriate Circuit Clerk.

Petitioners seeking to initiate contempt proceedings should contact: County Attorney or private counsel; or pro se motion to be filed with the appropriate Circuit Clerk.

WARNINGCriminal cases

Applies to

Contract termination statement

A program participant may terminate the contract at any time by submitting a written statement to the diversion officer or trial judge.

A Program Participant may terminate the contract at any time by submitting a written statement to the diversion officer or the trial judge.