Clark County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Default judgment motion

The motion must be accompanied by a certificate of the attorney that no papers have been served upon him by the party in default, or by anyone in his behalf .

The motion must be accompanied by a certificate of the attorney that no papers have been served upon him by the party in default, or by anyone in his behalf .

CRITICAL

Applies to

Motion

After trial, an attorney or representative must obtain leave by motion before contacting a juror, and the motion must specify the purpose and nature of the inquiry.

After conclusion of a trial, no attorney, nor his/her representative, shall contact a juror without first filing a motion requesting leave of court to make inquiry of jurors . The motion shall state with specificity the purpose of the motion and the nature of the inquiry

CRITICAL

Applies to

Motion

Must include

proposed order

A proposed order or judgment shall be tendered with any motion.

A proposed order or judgment shall be tendered with any motion.

CRITICALCivil cases

Applies to

Pre hearing memorandum

In contested child support matters, the Pre-hearing Memorandum must include a Child Support Guidelines Worksheet and a brief statement of the disputed issues.

In contested child support matters: a. Attach a Child Support Guidelines Worksheet; b. A brief statement on the issues in dispute.

CRITICAL

Applies to

Trial brief

A party claiming damages must include an itemized statement of damages and amounts claimed in its trial brief.

Any party making a claim for damages shall submit an itemized statement of damages and amounts claimed in the trial brief.

CRITICAL

Applies to

Disclosure

In dissolution actions where the parties have not reached agreement on all issues within 15 days of filing, the parties must file sworn disclosures.

BE IT ORDERED, in all actions for dissolution of marriage in which an agreement regarding all issues has not been reached within fifteen (15) days of the filing date, the parties shall file sworn disclosures in a format approved by the Court, a facsimile of which is attached hereto .

CRITICAL

Applies to

Alternative order or judgment

If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

If the proposed order or judgment is not satisfactory to opposing counsel, counsel shall immediately make any objections known to the Court and present that party's alternative version of the order or judgment.

CRITICAL

Applies to

Order or judgment

The preparing counsel must place a certificate at the bottom of the last page stating that the Clerk must serve the order or judgment on the Commissioner.

such Order or Judgment shall contain a certificate of the counsel preparing same, at the bottom of the last page thereof, to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Commissioner .

CRITICALCivil cases

Applies to

Pre hearing memorandum

Each party’s Pre-hearing Memorandum must address disputed and resolved issues, income and expenses, property and debts, witnesses and their expected testimony, documents and exhibits, and special problems.

cach party shall file a Pre-hearing Memorandum which shall include the following information; 1. All issues in dispute. 2. All issues resolved by stipulation or agreement. 3. Income and Expense Schedule: Employment status, including income and deductions therefrom; b. Income from sources other than employment: C. Present monthly expenses: 4. Property Schedule and proposed division of: Marital real estate including the fair market value and the unpaid balance of any liens thereon; Marital personal property including the value and the unpaid balance of any liens thereon: Marital debts including the date incurred and the Non-marital real estate including the fair market balance thereon: value, the balance of any liens thereon, and the legal basis relied upon to support such a designation; e. Non-marital personal property including the valuc. the balance of any liens thereon, and the legal basis relied upon to support such a designation: f. Non-marital debts including the date incurred and the balance thereon. List of all witnesses. both expert and lay, and a brief statement of the issues about which the witness will testify. 6_ List of documents and exhibits. Statement of special problems

CRITICAL

Applies to

Default judgment application

A party seeking default judgment must file a written application.

A party seeking a judgment by default, where Rules 55 .01, 5 .01, or 6 .03 of the Kentucky Rules of Civil Procedure apply, shall file a written application for such a judgment, a copy of which shall be delivered to defendant at his last known address at least three (3) days, or mailed at least six (6) days, prior to the date set for hearing .

CRITICAL

Applies to

Motion

A motion must be accompanied by notice of its hearing date or it will be summarily overruled, unless good cause is shown.

Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown.

CRITICAL

Applies to

Pre trial conference

At the pre-trial conference, the Commonwealth and the Defendant must represent that they made a good-faith effort to resolve the matters complained of in the indictment.

The Commonwealth and the Defendant must represent to the Court that a good faith effort has been made to resolve the matters complained of in the indictment.

CRITICAL

Applies to

Case assignment

If the Commissioner is recused, the proceeding must be transferred to the other Commissioner appointed in the 25th Judicial Circuit.

In the event the Commissioner is recused from a particular proceeding, the cause shall be transferred to the other Commissioner appointed in the 25th Judicial Circuit for further proceedings

CRITICALCivil cases

Applies to

Separation agreement or agreed order waiving disclosures

A Separation Agreement or Agreed Order waiving disclosures must acknowledge the parties’ right to receive disclosures and their agreement to waive them.

The partics' Separation Agreement or Agreed Order waiving disclosures acknowledges their right to receive disclosures from the other party and their agreement to waive disclosures.

CRITICAL

Applies to

Entry of appearance

An appearance is general for all purposes unless otherwise specified on the record, and a limited-purpose appearance must specify the limited representation.

4:3 Scope of Appearance: Unless counsel specifies otherwise on the record, an entry of appearance is a general appearance for all purposes. An entry of appearance for a limited purpose shall specify the limited nature of counsel's representation of the client.

CRITICAL

Applies to

Motion

A motion must be accompanied by notice of its hearing date or it will be summarily overruled, unless good cause is shown.

Any motion not accompanied by notice of date for hearing shall be summarily overruled except for good cause shown .

CRITICAL

Applies to

Written objections

To object to entry, the objecting party must file and serve written objections that include a time for a hearing obtained under the rules.

(i) written objections thereto, including a time for a hearing obtained pursuant to these rules, have been filed and served by the objecting party ;

CRITICAL

Applies to

Schedule

The schedule must have the three most recent consecutive pay stubs, a complete copy of the last federal tax return, the first page of the last state tax return, and financial account statements attached.

REQUIRED SEPARATE ATTACHMENTS have attached to this schedule : My three most recent and consecutive pay stubs . A full and complete copy of my last Federal Tax Return . The first page of my last State Tax Return . Financial account statements .

CRITICALCivil cases

Applies to

Pre hearing memorandum

In contested child custody matters, the Pre-hearing Memorandum must state the party’s position on custody and timesharing, whether the parties met with the Family Court Support Worker, and other cases involving the children.

In contested child custody matters: a. custody and timesharing: A brief statement supporting the party's position on b. Whether the parties have met with the Family Court Support Worker: c. including, but not limited to. juvenile, criminal and List of all other cases involving the child(ren) custody matiers.

CRITICAL

Applies to

Pretrial conference instructions

Unless good cause is shown or the Court directs otherwise, parties must submit written instructions stating their then-current understanding of the issues and law at or before the pretrial conference.

Except for good cause shown, or unless otherwise directed by the Court, the parties shall comply with the following prior to the pre-trial conference : (c) At or before the pre-trial conference, submit written instructions incorporating the parties' then understanding of the issues and the law, without prejudice to the right to present further instruction as may be indicated by subsequent proceedings ;

CRITICALCivil cases

Applies to

Cross reference data sheet

A petitioner or movant must file a Cross Reference Data Sheet with the initial pleading, except for after-hours emergency protective-order or emergency-custody petitions.

In order to promote the goal of"one family, one judge". simultaneous with the filing of auy initial pleading, the Petitioner or Movant shall also file with the clerk a Cross Reference Data Sheet on a form approved by the Court. The Clerk shall examine said form, and if a matter involving the same party or parties has previously been assigned a case number, the new filing shall be assigned to the same division as the previous or pending case. The only exceptions to this requirement shall be after-hours Petitions for Emergency Protective Orders or Emergency Custody Orders.

CRITICAL

Applies to

Order or judgment

Counsel must prepare and tender an order or judgment conforming to the ruling, verdict, or judgment.

Whenever any ruling is made, verdict returned, or judgment rendered, an order or Judgment in conformity therewith shall be prepared and tendered by counsel within ten (10) days from date of ruling .

CRITICALCivil cases

Applies to

Order cancelling or rescheduling docket

Orders cancelling or rescheduling dockets must be filed with the Circuit Clerk.

Subsequent orders cancelling or rescheduling dockets shall be filed with the Circuit Clerk.

CRITICALCivil cases

Applies to

Pre caring memorandum

The petitioner must state the request in the Pre-caring Memorandum to exercise the hearing option.

Petitioner shall make the request on the Pre-caring Memorandum filed prior to the Case Management Conference.

CRITICAL

Applies to

Report or memorandum

When directed to take action, the Commissioner must report the action in a report or memorandum.

The Commissioner shall, when directed by order or Judgment to take any action, report the action taken by means of a report or memorandum, in order that the record shall be complete in all respects .

CRITICALCivil cases

Applies to

Uncontested final hearing

An uncontested case involving minor children must include a child support worksheet.

In uncontested cascs involving minor children. a child support workshect shall be provided so the Court can determine whether any deviation therefrom is proper.

CRITICAL

Applies to

Factual disclosure form

In contested cases, verified factual disclosure forms must be filed and served on every other party at least 10 days before the hearing or, if proof will be taken by deposition, at least 10 days before the first deposition.

21 .16 Factual Disclosure Requirement : In contested cases, verified factual disclosure forms, attached hereto, shall be filed and served on every other party not less than ten (10) days before the hearing date, or, if proof is to be taken by deposition, ten (10) days before the taking of the first deposition .

CRITICAL

Applies to

Motion

A motion relying on authorities must include citations to those authorities.

All motions for which authorities are relied upon shall be accompanied by citations of such authorities .

CRITICAL

Applies to

Pleadings and entry of appearance

Counsel must include the specified office and contact information on the pleadings and in the entry of appearance.

On the pleadings and in the entry of appearance, counsel shall set forth counsel's office, address, mailing address, telephone number, fax number, and e-mail address.

CRITICAL

Applies to

Order judgment

A signed order or judgment must be delivered to the Clerk for entry.

When signed by the judge, order or Judgment shall be delivered to the Clerk for entry .

CRITICAL

Applies to

Personal property schedule

For household goods and furnishings in dispute, use Schedule B; Schedule B is unnecessary if the subject property has been divided by the parties.

IX . PERSONAL PROPERTY :(Household Goods & Furnishings if in dispute) Attach on Schedule "B" Total Value : Husband Wife Court Decision Schedule "B" is not necessary as subject property has been divided by parties .

CRITICAL

Applies to

Order of sale

The order of sale must state the referral's purpose and the Commissioner's duties, and include a Clerk's Certificate indicating that a copy is to be served on the Commissioner.

The order of sale shall specifically indicate the purpose of the referral and the duties to be performed by the Master Commissioner and shall include a Clerk's Certificate indicating a copy of the order of sale is to be served on the Master Commissioner.

CRITICAL

Applies to

Motion to assign waiver entry of appearance and agreement to take proof by deposition

Counsel electing the alternative deposition process must file a Motion to Assign, Waiver, Entry of Appearance, and Agreement to Take Proof by Deposition in the record.

In order to elect this process, counsel must file a Motion to Assign, Waiver, Entry of Appearance and Agreement to Take Proof by Deposition in the record

CRITICAL

Applies to

Agreement

Agreements filed of record must be signed by both parties and, when a party is represented, by counsel; an unrepresented party’s agreement must be signed and acknowledged before a person authorized under the cited statutes.

21 .14 Agreements Acknowledged : All agreements between parties filed of record must be signed by both parties . In the event that a party is represented by counsel, the agreement must also be signed by counsel . If a party is not represented by counsel, such agreements must be signed and acknowledged before a person authorized to take acknowledgements under KRS 382 .140 and KRS 348 .380 .

CRITICAL

Applies to

Notice of representation

Attorneys seeking credit for this representation must send Legal Services a Notice of Representation and the client's eligibility form.

Attorneys choosing to donate legal services to an eligible client who has not been referred to the panel by Legal Services, in order to receive credit for representing said clients pursuant to LR25JC XIX, shall complete and forward to Legal Services a Notice of Representation of client, along with Legal Services form reflecting the clients eligibility .

CRITICALCivil cases

Applies to

Settlement order

If a case settles before or during mediation, an attorney for one party must prepare and submit an order reflecting the settlement.

If a case is sentled prior to or during mediation, an attorney for one of the parties shall prepare and submit to the Court an Order reflecting the fact of settlement as in any other case.

CRITICAL

Applies to

Petition

Protective-order petitions must use form AOC-275.1.

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

Brief

An opposing brief must otherwise follow the same presentation requirements but may restate facts or issues only as needed to correct errors, inaccuracies, or omissions in the other party's presentation.

The brief for the opposing parties shall present the controversy in the same manner as described above, except that it shall not restate the facts or the issues further than necessary to correct errors, inaccuracies or omissions in the adversary's presentation of the controversy .

CRITICAL

Applies to

Verified factual disclosure form

Discovery may not take place until the verified factual disclosure form has been filed.

No discovery shall be had until the verified factual disclosure form has been filed

CRITICAL

Applies to

Proposed decree

The Commissioner’s findings, conclusions, and recommendations must be submitted with a proposed decree drafted and submitted by counsel for the parties.

21 .09 Proposed Decree : The Commissioner's Findings of Fact, Conclusions of Law, and Recommendations shall be submitted to the Court, along with a proposed decree . Such proposed decree shall be drafted and submitted by counsel of the parties .

CRITICAL

Applies to

Child support worksheet

A child-support worksheet must be completed and filed in each case.

A worksheet shall be completed and filed in each case .

CRITICAL

Applies to

Motion to assign final trial with verified factual disclosure form

A final trial date may not be assigned unless the motion for that date is accompanied by the verified factual disclosure form.

No final trial date shall be assigned if the motion therefor is not accompanied by the verified factual disclosure form

CRITICAL

Applies to

Written designation

Nonresident counsel must designate in writing, when the first responsive pleading is filed, a Kentucky Bar member residing in the state to receive notices and papers; the court may strike the party’s pleadings for failure to do so.

whenever a party to a case is , represented by counsel not residing within the Commonwealth of Kentucky, such counsel shall designate in writing, at the time the first responsive pleading is filed, some member of the Kentucky Bar Association residing within this state upon whom notices and papers may be served . Upon his/her failure to do so, the Court may, upon motion, strike all pleadings of such party .

CRITICAL

Applies to

Final judgment record

Before a matter is submitted to the Circuit Judge for signature on a final judgment, the record must contain the Clerk’s certificate that all court costs have been paid.

Prior to the submission of the matter to the Circuit Judge for his/her signature on a final judgment, there shall appear in the record a certificate from the Clerk that all court costs have been paid .

CRITICAL

Applies to

Entry of appearance

Upon retention, counsel must file a written entry of appearance unless the appearance is apparent from filed pleadings.

In all cases, upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed.

CRITICALCivil cases

Applies to

Motion

Before testimony is taken on a motion, counsel must certify in writing or on the record that they made a good-faith attempt through negotiations to resolve the issues.

Prior to the taking of testimony on any motion, counsel shall certify, either in writing or on the record that a good faith attempt has been made through negotiations to resolve the issue(s) to be heard.

CRITICALCivil cases

Applies to

Motion to waive venue

A case in which neither party resides in Clark or Madison County will not be heard unless a motion to waive venue stating good cause is filed and granted.

No cases shall be heard in which neither party resides in Clark or Madison County unless a Motion to Waive Venue stating good cause is filed and sustained by the Court.

CRITICAL

Applies to

Order

The caption of every order must state the exact nature of the order.

The caption to all Orders shall state the exact nature of the Order, for example, "Order of Dismissal," "Order Fixing Temporary Maintenance," "Order Directing Answering of Interrogatories," etc .

CRITICAL

Applies to

Motion to withdraw

Counsel must remain of record through the time to appeal from final judgment or order unless the Court relieves counsel upon written motion and notice.

4.2 Withdrawal: Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of a final judgment or order.

CRITICAL

Applies to

Order judgment

An order or judgment requiring Clerk notification must include a service notation immediately below its date and sufficient copies for the Clerk to complete service.

Any Order or Judgment which the Clerk must give notification shall contain a notation immediately below the date of the Order calling to the Clerk's attention the fact that the Order should be served pursuant to Rule 77 .04 of the Kentucky Rules of Civil Procedure, and sufficient copies shall be furnished to permit the Clerk to complete service .