Christian Circuit Court Document Filing Requirements

CRITICAL

Applies to

Original signed order

After an electronically signed, faxed, scanned, emailed-as-a-scanned-document, or otherwise personally authorized order, the Court must file an original signed order with the Christian Circuit Clerk.

However, the Court shall then file an original signed Order with the Christian Circuit Clerk.

CRITICAL

Applies to

Mediation termination report

The Mediator may suspend or terminate mediation if it is no longer appropriate or either party requests it, and must report the action to Family Court Staff.

The Mediator may suspend or terminate mediation whenever, in the opinion of the Mediator, the matter is not appropriate for further mediation or at the request of either party. This shall be reported to the Family Court Staff.

CRITICAL

Applies to

Adoption record inspection application

Adoption-record inspection applications must be filed with the Christian Circuit Clerk’s Office, which then transmits the request and applicable file to the Family Court Judge.

Applications regarding inspection of Adoption Records Requests are to be filed with the Christian Circuit Clerk's Office, and once filed, the Christian Circuit Clerk shall transmit the request along with the applicable file to the Christian Family Court Judge.

CRITICAL

Applies to

Domestic violence or interpersonal violence petition or motion

During regular business hours, domestic-violence and interpersonal-violence petitions or motions must be filed with the Deputy Circuit Clerk or the Christian County Attorney's Office.

The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner during regular business hours: All domestic violence and interpersonal violence petitions or motions shall be filed with the Deputy Circuit Clerk, who has been designated by the Christian Circuit Clerk as the clerk of the domestic violence and interpersonal violence session, or with the Christian County Attorney's Office.

CRITICAL

Applies to

Motion notice

A CR 78(2) movant must notify the opposing attorney or unrepresented party of the procedure and provide notice substantially in the prescribed form.

B. The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion may be granted routinely by the Court ten days after filing unless a response is filed. The notice shall be substantially in the following form: The foregoing motion is submitted to the Court for decision pursuant to CR 78(2). This motion will routinely be granted by the Court in ten days unless a response is filed. Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the motion, he or she may so state in the response.

CRITICAL

Applies to

Petition

Petitions must cite the jurisdictional statute and supporting facts, provide full parental information and addresses, and describe diligent efforts to locate the parents.

Any petition filed with this 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). 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 Christian County Attorney's Office.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth's Attorney must provide the Court a written recommendation in response to each petition.

The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition .

CRITICAL

Applies to

Notice of motion

A CR 78(2) motion notice must identify the procedure, warn that the motion may routinely be granted after ten days absent a response, and substantially follow the prescribed form.

The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless a response is filed. The notice shall be substantially in the following form: The foregoing motion is submitted to the court for decision pursuant to CR 78(2). This motion will routinely be granted by the court in ten (10) days unless a response is filed. Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the question, he may in his response so state, and shall proceed to set the motion for a hearing with the Family Court Staff on a given date and at a given time and amount of time reserved for the hearing.

CRITICAL

Applies to

Paternity case file access request

The Clerk's Office must grant an attorney access to a paternity case file upon receipt of the attorney's statement seeking permission or the party's signed and notarized release for inspection related to representation in that action.

Upon receipt of the Christian Circuit Court Clerk's Office of an attorney's statement secking permission to review and copy a paternity case file, OR upon the receipt by the Christian Circuit Court 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

Order of sale

An order of sale must not state a specific date for the property's sale.

C. Orders of sale shall not contain a specific date that the property is to be sold.

CRITICAL

Applies to

Motion seeking order of sale

A motion seeking an order of sale must be accompanied by AOC Form 141.S or 141.SP.

If such motion is seeking an order of sale it shall be accompanied by AOC Form 141.S or 141.SP, together with the administrative fee prescribed by the Administrative Office of the Courts.

CRITICAL

Applies to

Motion

Must include

proposed order

A party making a CR 78(2) motion must file a tendered order of relief with the Court at least thirteen days after filing the motion.

The party making any Motion under CR 78(2) shall file an appropriate tendered order of relief with the Court, at minimum, thirteen (13) days after filing of the CR 78(2) Motion.

CRITICAL

Applies to

Judicial sale document

If a party prepares one of the listed judicial-sale documents because the case makes it necessary or desirable, the original must be filed with the Master Commissioner.

When the facts of a particular case render it necessary or desirable that a party prepare any of these documents, the original documents shall be filed with the Master Commissioner.

CRITICAL

Applies to

Verified dvo petition

Parties must follow the Domestic Violence Protocol when filing verified DVO petitions and requesting an ex parte EPO.

The parties shall follow that protocol in filing verified petitions for Domestic Violence Orders (DVOs) and requesting an ex-parte Emergency Protective Order (EPO).

CRITICAL

Applies to

Assignment

Must include

certificate of service

Each assignment must contain a certificate of service showing that a copy was sent to the Master Commissioner.

All such assignments shall contain a certificate of service, in accordance with CR 5.03, showing that a copy has been sent to the Master Commissioner.

CRITICAL

Applies to

Paper filed in record

Must include

case number

Every paper filed by counsel or a party must identify the case and provide the signing attorney's or party's typed or printed name, address, telephone number, and email address.

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 e-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Notice of deposition

A Notice of Deposition must state any intent for a party or other participant to participate by telephone.

1. Notice of the intent for the party or other participant to participate in the deposition by telephone shall be given as part of the Notice of Deposition.

CRITICAL

Applies to

Release of video interview

The Clerk's Office may not release a Christian Family Division video of an in-chambers child interview without a specific written order from a Family Court Division Judge.

Pursuant to FCRPP 17, the Christian County Circuit Court Clerk's Office shall not release any Christian Family Division video in-chamber interviews with children without a specific written order of a Family Court Division Judge.

CRITICAL

Applies to

Petition

Petitions must be submitted for legal-sufficiency review and, if approved, initialed, distributed, and filed with the Circuit Court Clerk as specified.

All petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the Assistant Christian County attorney, who shall check the petition for legal sufficiency. If the petition is rejected by the Assistant County Attorney, it shall be submitted to a 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 Assistant County Attorney or Judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the Assistant County Attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the Christian Circuit Court Clerk.

CRITICAL

Applies to

Assignment

A purchaser assigning its bid must file the assignment with the Clerk and identify its nature and the assignee’s name and address.

Any purchaser making an assignment of its bid to another entity shall file same with the Clerk, setting forth the nature of the assignment together with the name and address of the assignee.

CRITICAL

Applies to

Sale notice

The Master Commissioner must prepare sale notices and deliver them to the Kentucky New Era for three weekly insertions.

The Master Commissioner shall prepare all sale notices and deliver them to the Kentucky New Era for three weekly insertions.

CRITICAL

Applies to

Discovery documents

If the Court orders it, relevant pages of discovery documents must be filed in the record.

If ordered by the Court, relevant pages of discovery documents shall be filed in the record.

CRITICAL

Applies to

Notice of deposition

A Notice of Deposition must state the intent to videotape the deposition.

1. Notice of the intent to videotape the deposition shall be given as part of the Notice of Deposition.

CRITICAL

Applies to

Mediation order

Copies of mediation orders filed with the Clerk must contain a Notice of Entry to the mediator and Family Court Staff.

Copies of all orders of mediation filed with the Clerk shall contain a Notice of Entry to the Mediator and Family Court Staff.

CRITICAL

Applies to

Mediation order or agreement

Every order or agreement to mediate must include the mediator's name and address.

All orders or agreements to mediate shall include the Mediator's name and address.

CRITICAL

Applies to

Discovery motion

The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification of counsel should detail the attempts of counsel to resolve the dispute.

The moving party shall attach to the motion a certification of counsel that he or she has attempted to resolve the dispute and that they have been unable to do so. The certification of counsel should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Motion

A request for an order to release a confidential video record must be made by written motion stating the request's purpose and who will have access, with notice to all parties and the child's Guardian ad Litem, if any.

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 and who will have access to the interview.

CRITICAL

Applies to

Petition

Petitions requested, completed, and signed by persons seeking protection under KRS Chapter 403 or Chapter 456 must use form AOC-275.1 and be accepted and filed with the court.

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.

CRITICAL

Applies to

Notice of deposition

The Notice of Deposition must state any participant’s intent to participate remotely by telephone or similar means.

Notice of the intent for the party or other participant to participate in the deposition by telephone or similar remote (Zoom, Teams, etc.) shall be given as part of the Notice of Deposition.

CRITICAL

Applies to

Protective order petition

During regular business hours, the petition must be delivered first to a District or Circuit Judge after attempting to locate the local on-call judge; if no judge is available in Christian County, it must be presented to an eligible judge or trial commissioner in a surrounding county.

The Deputy Circuit Clerk or County Attorney shall deliver the petition to any District Judge or Circuit Judge for consideration and, if appropriate, signature. The Deputy Circuit Clerk or County Attorney shall first attempt to locate the local on-call Judge and if that Judge is unavailable, the Deputy Circuit Clerk or County Attorney shall then locate any District Judge or Circuit Judge available. In the event no Judge can be found in Christian County, Kentucky, then the said petition shall be presented to any Family Court Judge, District Judge, Trial Commissioner, or Circuit Judge in any surrounding county in accordance with the Regional Program Administration Charter, who may sign and issue and Emergency Protective Order (EPO) or Emergency Interpersonal Protective Order (IEPO) if deemed appropriate.

CRITICAL

Applies to

Release of confidential video record

The Clerk's Office may not release copies of Christian Family Court confidential video records without a specific written order from the presiding Family Court Judge.

The Christian County Circuit Court Clerk's Office shall not release any copies of Christian Family Court confidential video records, without a specific written order from the presiding Family Court Judge.

CRITICALCivil cases

Applies to

Mediation agreement

Any agreement reached at mediation must be written and signed by the parties, who are responsible for drafting it; the mediator may assist with their consent.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties . The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties .

CRITICAL

Applies to

Protective order petition

If no judge can be found in Christian County after regular business hours, the petition must be presented to an eligible judge or trial commissioner in a surrounding county, who may issue an EPO or IEPO if appropriate.

In the event no Judge can be found in Christian County, Kentucky, then the said petition shall be presented to any Family Court Judge, District Judge, Trial Commissioner, or Circuit Judge in any surrounding county, who may sign and issue and Emergency Protective Order (EPO) or Emergency Interpersonal Protective Order (IEPO) if deemed appropriate.

CRITICAL

Applies to

Order of sale

The order of sale must state the source of title, property address or lack of one, specified judgment and interest amounts when applicable, and the names and addresses of appearing attorneys and pro se parties.

source of title of the present owner or owners. 3. The address of the property sought to be sold or, if it is true, a recitation of the fact that the property has no address. 4. The dollar amount of the judgment on a day certain, together with the daily amount of accruing interest thereafter (if the Order of Sale is for the purpose of enforcing a judgment for money). 5. The name and address of all attorneys and pro se parties who have appeared in the action.

CRITICAL

Applies to

Notice of submission

When a case or issue is ready for decision, the attorneys of record or an unrepresented party must file an AOC 280 notice of submission with the Clerk and Circuit Court Judge and mail a copy to the Administrative Office of the Courts.

It shall be the responsibility of the attorneys of record, or any party not represented by counsel, to file a notice of submission on the AOC 280 Form with the Clerk and with the Circuit Court Judge, with a copy mailed to the Administrative Office of the Courts, at such time that the case, or an issue therein, has been completely briefed and all necessary evidence submitted, or the time for filing briefs and submitting evidence has elapsed and the matter stands ready for a decision by the Court.

CRITICAL

Applies to

Motion

Motions must be noticed for a definite hearing day or under CR 78(2), and motions not timely filed under either procedure may be considered defective and void.

Motions shall be noticed for hearing on a day certain or under CR 78(2) as set forth herein. Motions which are not timely filed under one or the other of these provisions may be considered defective and void.

CRITICAL

Applies to

Pretrial submissions

Unless a scheduling order provides otherwise, parties must file witness lists, exhibit lists, motions in limine, and proposed jury instructions before the pretrial conference.

Unless otherwise addressed in a scheduling order, parties shall file the following by the close of business at least seven (7) days prior to the pre- trial conference: 1. Witness lists; 2. Exhibits lists; 3. Motions in limine; 4. Proposed jury instructions, with a modifiable Word file emailed to the Presiding Judge.

CRITICAL

Applies to

Mediation report

If mediation ends without agreement or is terminated, the Mediator must immediately report to Family Court Staff using Form No. 405 and without commenting on the outcome.

In cases where the parties do not reach any agreement or mediation is terminated, the Mediator shall immediately report to the Family Court Staff, without comment on the outcome of the mediation, (i.e., a full, partial or no agreement) by using Form No. 405.

CRITICAL

Applies to

Notice of hearing

A hearing notice must state how much time is reserved for the hearing.

All notice of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.

CRITICAL

Applies to

Epo dvo copy

When a DVO is issued, the Circuit Clerk must place a copy of the EPO/DVO in the related dissolution or child custody case file upon entry.

Additionally, if a Domestic Violence Order (DVO) is issued, upon entry, the Circuit Clerk shall place a copy of the EPO/DVO in the dissolution or child custody case file.

CRITICAL

Applies to

Order

An attorney- or party-prepared order must be signed as “Tendered By” or “Prepared By” and submitted to the opposing side for a “Have Seen” signature.

Any order prepared by an attorney or pro se party as so directed shall contain a signature as "Tendered By" or "Prepared By" and be submitted to the opposing attorney or pro se party for signature as "Have Seen."

CRITICALCivil cases

Applies to

Mediator report

The mediator must report to the court whether mediation did not occur, was not completed, or was completed, and whether the parties reached an agreement on any or all issues.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues .

CRITICAL

Applies to

Protective order petition

The reviewing judge must indicate in the petition's Court Action section whether the action is a domestic-violence action under KRS Chapter 403 or an interpersonal protective-order action under KRS Chapter 456.

The judge reviewing a petition for an order of protection shall indicate in the 'Court Actioni 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

Request for judicial order

A request for an order concerning an in-chambers child interview video must include a written explanation identifying the requested portion, the request's purpose, and who will have access.

An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child, specific purpose for the request and who will have access to the interview.

CRITICAL

Applies to

Dispositional hearing submission

At the Dispositional Hearing, CHFS must provide the FCRPP 28 information on form DNA 12 and explain any separation of siblings.

At the Dispositional Hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12. In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.

CRITICAL

Applies to

Settlement agreement or agreed order

When the parties reach a full or partial agreement, counsel or the parties must file a Settlement Agreement or Agreed order that reflects its terms.

In cases where agreement or partial agreement is reached as to any matter or issue, counsel or the parties shall file a Settlement Agreement or Agreed order reflecting the terms thereof.

CRITICAL

Applies to

Order of sale

Must include

caption

A. Orders of sale of property shall contain: 1. A complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as "etc." or "et al." should not be used

A. Orders of sale of property shall contain: 1. A complete caption setting forth the names of all parties to be bound by the judicial sale. Abbreviations such as "etc." or "et al." should not be used

CRITICAL

Applies to

Attorney statement

An attorney seeking permission to review or copy a paternity file must sign a statement limiting what may be shared with the client to the order of judgment and barring disclosure of all other case information.

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, including information relating to domestic violence or child abuse as well as the addresses of the parties.

CRITICAL

Applies to

Order of sale

An order of sale must contain a legal description of the property, but the excerpt ends before the full requirement is stated.

2. A legal description of the property sought to be sold, together with the

CRITICAL

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the appointment’s statutory basis, services and hours, fee reasonableness, and disposition information.

Motions for compensation shall be accompanied by an affidavit indicating: 1. The statutory basis for appointment; 2. The hours of service rendered with a brief description of the services rendered and " 3. That the action or proceeding has been concluded and date of disposition. reasonableness of the fee requested; and