Casey County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Motion to submit for decree

In default cases, a motion to submit for decree must state that no answer or pleading was received, include the specified service and elapsed-time information, and certify service and compliance with the Servicemembers' Civil Act when applicable.

Pursuant to FCRPP 3(2), in all cases of default, the motion to submit for decree shall state the following: That no answer or pleading have been received by the moving party or counsel; That the Respondent was personally served and 20 days have elapsed since service, or that a warning order attorney was appointed, has filed a report and affidavit and that 50 days have elapsed since appointment of the warning order attorney; and, c. Shall include certification that the motion and notice of trial or submission has been served on the opposing party at the party's last known address; and if the party is on active military duty, that the provisions of the Servicemembers' Civil Act have been followed.

CRITICAL

Applies to

Pre trial diversion recommendation

When recommending pretrial diversion, the prosecutor must submit a written recommendation stating the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the prosecutor must make a written recommendation to the Court of conditions of the pre-trial diversion as well as appropriate sentence to be imposed if the diversion agreement is unsuccessful. KRS 533.252(3)

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICALCriminal cases

Applies to

Pretrial diversion proceeding

For a pretrial diversion application, counsel must state on the record, and the defendant must agree on the record, to waive speedy-trial or speedy-disposition rights if diversion is granted.

If 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

Adoption motion

The adoption motion must be accompanied by proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption.

A copy of the proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption shall accompany the motion.

CRITICAL

Applies to

Jury instructions

Jury instructions must be provided to the court and opposing counsel at the final pretrial conference.

b. Jury instructions shall be provided to the court and to the opposing counsel at the final pretrial conference.

CRITICAL

Applies to

Pre trial statement

Pre-trial statements must list trial exhibits and witnesses with contact information, include specified information about each undeposed expert, attach exhibit copies if feasible, and identify where unattached exhibits can be inspected.

All exhibits which may be used at trial shall be listed and copies, if feasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pre-trial statement shall be made available for inspection by opposing counsel at a convenient location designated in the pre-trial statement. All witnesses and expert witnesses who may testify at trial shall be listed, along with their addresses and telephone numbers. Also, as to each expert witness who has not been deposed, the pre-trial statement shall state the subject matter on which the expert is expected to testify and shall state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for cach opinion.

CRITICAL

Applies to

Pre trial diversion order

A diversion order must address restitution if applicable, the diversion duration, compliance with Probation and Parole rules, and the stated statutory and court-imposed conditions.

i. The order of Diversion shall include: a. Restitution if applicable b. Duration of the diversion c. Require the defendant to obey all rules and regulations imposed by Probation and Parole d. As required by KRS 533.030(1),conditions of probation-restitution, direct the defendant not to commit any offense during the period of pre-trial 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

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

Video copy request

The circuit clerk must not release a video copy of an in-camera interview with a child without a specific written order from the Circuit Judge under FCRPP 27.

The circuit clerk shall not release any video copies of in-camera interviews with children without a specific written order from the Circuit Judge in compliance with FCRPP 27.

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.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion cannot be filed or heard without a counsel certificate stating that counsel conferred, the parties could not resolve the dispute, and extrajudicial means were exhausted.

No motions pertaining to discovery shall be filed or heard unless there is appended to or included in such motion a certificate of counsel that he or she conferred with opposing counsel. that the parties are unable to reconcile their differences on the matter, and that all extrajudicial means have been exhausted in an effort to reconcile their differences.

CRITICAL

Applies to

Termination order

If an order terminating parental rights is entered, a copy must be certified to the record in the underlying dependency, neglect, and abuse case, which must be identified in the order.

Pursuant to FCRPP 36, if an order terminating parental rights is entered, a copy of the order shall also be certified to the record in the underlying dependency, neglect and abuse case which shall be identified in the order.

CRITICAL

Applies to

Discovery motion

A discovery motion must include either a copy of the disputed discovery request or a reference to it.

The motion must include either a copy of or a reference to the discovery request in dispute.

CRITICAL

Applies to

Filed paper

Must include

case number

Every filed pleading, motion, or other paper must include the case number and the signing attorney’s or party’s typed or printed name, address, and telephone number; email is optional.

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, telephone number and email address (optional) of the attorney or party signing the paper.

CRITICALCriminal cases

Applies to

Diversion order

A diversion order must include any applicable restitution, the diversion duration, compliance with Probation and Parole rules, and the specified offense-related and other appropriate conditions.

The order of Diversion shall include: a. Restitution if applicable b. Duration of the diversion c. Require the defendant to obey all rules and regulations imposed by Probation and Parole d. As required by KRS 533.030(1),conditions of probation-restitution, direct the defendant not to commit any offense during the period of pre-trial 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

Discovery motion

Must include

certificate of conference

The moving party must attach a certificate stating that counsel conferred and could not resolve the dispute; the certificate should detail their resolution attempts.

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

CRITICAL

Applies to

Agreement involving children

An agreement involving children must attach the standard visitation guidelines and code of conduct, with both parties initialing each page, unless both parties attach and sign a comprehensive alternative agreement.

Every agreement that involves children shall have a copy of the standard visitation guidelines and code of conduct attached with both parties initialing the bottom of each page, unless a comprehensive alternative agreement is attached and signed by both parties.

CRITICAL

Applies to

Continuance motion

All motions for a continuance shall state the date of the

All motions for a continuance shall state the date of the

CRITICAL

Applies to

Adoption motion

Before filing a motion for final adoption hearing, counsel must review Attachment A’s checklist and certify the specified information about bringing necessary parties before the court and parental consent or an applicable termination order or exception.

Prior to filing a motion for final hearing for entry of a decree of adoption, counsel shall review the Checklist attached as Attachment "A" to these rules and certify the following: 1. The date and method by which all necessary parties were brought before the court. and 2. The date of the voluntary consent of each parent, the certified order terminating parental rights, or an affidavit establishing an exception under KRS 199.500(1)(a)-(d) or 199.502.

CRITICAL

Applies to

Pretrial diversion application

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

If 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

A motion going to the merits must include a brief memorandum stating its grounds and citing supporting authorities.

All motions which go to the merits of the case, including motions to dismiss, motion for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon,

CRITICAL

Applies to

Motions and correspondence

Must include

case number

Motions and correspondence must include the case number, parties' names, date, and a designated motion type.

All motions and correspondence shall include the case number, the names of the parties. the date, and a designated type of motion.

CRITICAL

Applies to

Separation agreement or agreed judgment

An AOC-152 must also be attached to the child-support separation agreement or agreed judgment.

An AOC-152 shall also be attached.

CRITICAL

Applies to

Plea agreement

The defendant must attend the meeting, and any plea agreement reached must be put in writing and signed by the listed attorneys and the defendant(s).

At this meeting the defendant shall be present and if an agreement is reached concerning a plea agreement, same shall be reduced to writing and signed by the Commonwealth Attorney and/or the Assistant Commonwealth Attorney, counsel for the defendant, and the defendant(s).

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court with a written recommendation in response to each diversion application.

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

CRITICALCriminal cases

Applies to

Criminal record check

Before recommending diversion, the Commonwealth must obtain a Courtnet criminal-record check and supply a copy to the Court and the defendant.

Have a criminal record check from Courtnet and shall supply a copy to the Court and Defendant.

CRITICAL

Applies to

Criminal record check

Before recommending on an application, the Commonwealth must obtain a Courtnet criminal record check and supply a copy to the Court and the defendant.

i. Have a criminal record check from Courtnet and shall supply a copy to the Court and Defendant.

CRITICAL

Applies to

Witness and exhibit list

The required lists must identify each expected witness by name and address, state the subject of the witness’s testimony, and list the exhibits to be entered.

Unless otherwise ordered by the court, in any action in which the permanent custody or time-sharing of the child(ren) is in issue, each party shall, not less than 14 days prior to the day set for hearing, provide the other party(ies) with a list of the names and addresses of every person and a short statement of the subject of their testimony expected to be called as a witness, as well as a list of exhibits to be entered.

CRITICAL

Applies to

Petition

The judge reviewing an order-of-protection petition must indicate in its Court Action section whether the resulting 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

Separation agreement

A separation agreement that sets child support outside the KRS Chapter 403 guidelines must state the reason for the deviation.

If the child support obligation established in the Separation Agreement does not correspond to the child support guidelines contained in KRS Chapter 403, the agreement must state the reason for deviation from the guidelines.

CRITICAL

Applies to

Final verified disclosure statement or affidavit

If property matters are disputed at trial, the parties must file an AOC-239 no later than five days before trial, or may file an affidavit stating that circumstances have not changed since completion of the AOC-238.

Pursuant to FCRPP 3(3)(b), no later than 5 days prior to the trial, the parties shall file an AOC-239, Final Verified Disclosure Statement, in the record if property matters are in dispute at the trial; or the parties may file an affidavit that there are no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

CRITICAL

Applies to

Jury instructions

Jury instructions must be provided to the court and opposing counsel when pre-trial compliance statements are distributed.

Jury Instructions shall be provided to the court and the opposing counsel at this time pre-trial compliance statements are distributed.

CRITICAL

Applies to

Motion

A requesting party must file the Status Quo Order, AOC-237, with the court when filing a motion.

Pursuant to FCRPP 2(5) the Court may enter a Status Quo Order regarding martial assets. The requesting party shall file the Status Quo Order, AOC-237, with the Court upon the filing of a motion.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

If diversion is recommended, the prosecutor must submit a written recommendation stating the diversion conditions and the appropriate sentence if the agreement is unsuccessful.

When diversion is recommended, the prosecutor must make a written recommendation to the Court of conditions of the pre-trial diversion as well as appropriate sentence to be imposed if the diversion agreement is unsuccessful.

CRITICAL

Applies to

Written recommendation

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

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(2)

CRITICAL

Applies to

Motion to submit uncontested action

A motion to submit an uncontested action must include the proposed findings, conclusions, and decree the moving party wants the Court to adopt.

Any motion to submit an uncontested action must be accompanied by a proposed "Findings of Fact, Conclusions of Law & Decree of Dissolution of Marriage" which the moving party desires the Court to adopt.

CRITICAL

Applies to

Discovery notices

Notices of propounded interrogatories, requests for admissions, and responses to them must be filed of record with the circuit clerk.

Notice of propounded interrogatories to opposing parties and request for admissions and notice of responses thereto, shall be filed of record in the office of the circuit clerk.

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.

CRITICAL

Applies to

Separation agreement or agreed judgment

A separation agreement or agreed judgment for child support must attach the Commonwealth of Kentucky monthly child support worksheet and comply with FCRPP 9.

Any Separation Agreement or Agreed Judgment for a child support obligation shall include as an attachment thereto a Commonwealth of Kentucky Worksheet for monthly Child Support Obligations and shall further comply with the requirements of FCRPP 9.

CRITICAL

Applies to

Adoption motion

The adoption motion must state whether a guardian ad litem was appointed and the filing dates of the guardian ad litem and Cabinet reports.

The motion shall state whether a guardian ad litem was appointed, the date the guardian ad litem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.

CRITICAL

Applies to

Judicial order request

A person requesting the order must give the Judge a written explanation identifying the requested portion as an in-camera child interview and stating the specific purpose of the request.

An individual requesting a judicial order must provide the Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-camera interview with a child and specific purpose of the request.

CRITICAL

An attorney seeking to stop representing a party must file a motion to do so.

When an attorney of record wishes to cease representation of a party, the attorney shall file a motion therefore and give adequate notice to the client and opposing counsel.

CRITICAL

Applies to

Response

A party properly served with the motion and its supporting memorandum must file a response memorandum stating its grounds and citing supporting authorities.

Any party properly served with a motion accompanied by memorandum of grounds and authorities shall file a response containing a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length.

CRITICAL

Applies to

Investigation report

Placement through an approved agency does not eliminate the need for a report from the Cabinet or its or the Court’s designee.

Note - Placement by one of the above agencies does not alleviate the need of a report, as required by KRS 199.510, from the Cabinet or a designee chosen by the Cabinet or the Court.

WARNING

Applies to

Pre trial diversion order

A diversion order may include the listed drug, alcohol, conduct, and weapon conditions; its duration is subject to the stated limits.

il. The order of Diversion may include: a. That the defendant remain drug and alcohol free and be subject to random drug testing at the defendant's sole cost and expense, if applicable. b. That the defendant have no violation of the Penal Code or the Controlled Substances Act. c. That the defendant possess no firearm or any other deadly weapon. d. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the defendant. Duration of the diversion agreement shall not be less than the time required to make restitution in full.

WARNINGCriminal cases

Applies to

Diversion order

A diversion order may include the listed drug and alcohol, statutory-compliance, and weapon conditions; the stated duration limits also apply.

The order of Diversion may include: a. That the defendant remain drug and alcohol free and be subject to random drug testing at the defendant's sole cost and expense, if applicable. b. That the defendant have no violation of the Penal Code or the Controlled Substances Act. c. That the defendant possess no firearm or any other deadly weapon. d. Duration of the pretrial diversion shall not exceed five (5) years without agreement of the defendant. Duration of the diversion agreement shall not be less than the time required to make restitution in full.