Clark County Circuit Court, Kentucky Document Filing Requirements

CRITICALCivil cases

Applies to

Joint statement

When mediation resolves only some issues or the parties reach specified agreements, they must submit a joint statement identifying resolved issues and those remaining for trial.

If some but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court remain for trial. This statement shall be submitted within ten (10) enumerating the issues that have been resolved and the issues that retured to the Court's active docket in compliance with FCRPP days of the termination of mediation.

CRITICALCivil cases

Applies to

Protective order petition

Protective-order petitions 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

Written instructions

Unless good cause is shown or the Court directs otherwise, parties must submit written instructions at or before the Pre-Trial Conference; they may present further instructions as later proceedings indicate.

Except for good cause shown, or unless otherwise directed by the Court, the parties shall comply with the following prior to a 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;

CRITICAL

Applies to

Brief

The first brief, filed by the party bearing the burden or as directed by the Court, must include a statement of the action's subject matter, relevant facts with record references when available, issues presented, and supporting argument and authorities.

The brief for the party bearing the burden on the issue or for the party whose brief must be filed first by direction of the Court shall contain : (a) a brief statement of the subject matter of this action ; (b) a fair and concise statement of the relevant facts with proper reference to the record when available supporting each statement ; (c) a clear statement of the issues of law and fact presented for determination ; and (d) the argument, with proper record references, when available, and the authorities relied upon in support of each issue .

CRITICALCivil cases

Applies to

Motion to submit or agreed order submitting

The listed materials must be filed concurrently with a Motion to Submit or an Agreed Order submitting.

The Following documentation must be filed concurrently with Verified Factual Disclosure Statements or Verified Waiver of Disclosures in accordance with FCR 7.01 2) Certilicates of completion of any ordered parent education 3) A copy of the parties' Separation Agreement, if any. 4) A deposition or written inlerrogatories 5) The parties' hearing waiver 6) Request for restoration of maiden name executed by the party requesting the name 7) Child support worksheet 8) Findings and Decree

CRITICALCivil cases

Applies to

Protective order petition

During regular business hours, protective-order petitions must be obtained, sworn to, and filed at the Clark or Madison County Circuit Clerk’s office.

During regular business hours, the petition shall be obtained, sworn to, and filed in the Offices of the Clark or Madison County Circuit Clerk.

CRITICAL

Applies to

Special assignment order

Must include

proposed order

Counsel must submit a proposed Special Assignment order appointing the other Commissioner, and the order must be entered for the transfer to take effect.

Counsel for the parties shall submit to the circuit judge assigned to the matter a proposed order of Special Assignment, appointing the other Commissioner to hear the matter . The Order of Special Assignment must be entered in order to effectuate the transfer to the other Commissioner

CRITICAL

Applies to

Property valuation schedule

If asserting a non-marital interest in property listed at V or VI, attach Schedule A, Property Valuation.

If you assert a non-marital interest in any property listed at V or VI, attach Schedule "A", Property Valuation

CRITICAL

Applies to

Motion for default or summary judgment and order of sale

The specified motion and order-of-sale filings must be accompanied by a tendered judgment and order of sale and an order referring the case to the Master Commissioner.

Every motion for default or summary judgment and order of sale shall be served by facsimile, e-mail, or U.S. Mail on the Master Commissioner at the time of the filing and accompanied by a tendered judgment and order of sale and an order referring the case to the Master Commissioner (AOC-141 form or its equivalent).

CRITICAL

Applies to

Initial order or judgment

Must include

caption

The initial order or judgment served on the Commissioner must name all parties in the caption and include counsel and representation details, including mailing addresses for unrepresented parties, on its last page.

The initial Order or Judgment served upon the Commissioner shall contain in the caption or style, the names of all parties ; and shall include in the last page, the names and addresses of all counsel, the parties represented, as well as a notation concerning the fact that any parties are not represented by counsel, and in that case, the mailing address of such parties .

CRITICALCivil cases

Applies to

Separation agreement or agreed order waiving disclosures

A Separation Agreement or Agreed Order waiving disclosures must acknowledge that each party has fully disclosed information that would have appeared in the verified disclosures.

The parties' Separation Agreement or Agreed Order waiving disclosures contains the parties' acknowledgement that cach has made full disclosure to the other of all information that would have been contained in the verified disclosures.

CRITICAL

Applies to

Pleadings

If the child-support award deviates from the Guidelines award, the pleadings must state that the parties are aware of the Guidelines award and knowingly agree to depart from it.

If there is a deviation from the award arrived at by using the Guidelines, the pleadings shall state that the parties are aware of the Guidelines award and knowingly agree to depart from same .

CRITICAL

Applies to

Motion to assign

A petitioner choosing oral testimony must file a motion to assign the case for hearing before the Commissioner.

To exercise the option to have the case heard orally, Petitioner shall file a motion to assign for hearing before the Commissioner

CRITICALCivil cases

Applies to

Motion

A motion that could require supporting testimony must be verified or supported by affidavits.

All motions which could require supportive testimony shall be verified or supported by affidavits

CRITICAL

Applies to

Objection and motion

An appeal from the Commissioner’s report must use the specified title and briefly state the express reasons for the appeal.

21 .10 Exceptions to Recommendations : Appeals from the Commissioner's report shall be styled "Objections to Report of Master Commissioner and Motion to Set Aside (or Modify, as the case may be) Report ." Such objection and motion shall briefly state express reasons for appeal .

CRITICAL

Applies to

Agreed order of dismissal

When a civil action settles, the parties or their counsel must prepare an agreed dismissal order signed by all parties or counsel and tender it to the presiding judge.

An Agreed Order of Dismissal, signed by all parties or their counsel, shall be prepared and tendered to the presiding judge for signature upon the settlement of any civil action.

CRITICAL

Applies to

Domestic relations brief

When a domestic relations case with deposition proof is submitted, each party must file a concise brief with supporting authorities and detailed financial disclosures, property classifications, and a proposed equitable division.

Upon submission of every domestic relations case in which the proof is taken by deposition, each party shall submit a concise brief outlining that party's contentions, with supporting authorities, and containing a detailed financial disclosure form listing the parties' assets, defining as to marital or non- marital property, and proposing a fair and equitable division of such property

CRITICAL

Applies to

Motion to assign final trial with verified factual disclosure form

A motion to assign proceedings for final trial must include the filing party’s mandatory verified factual disclosure form.

A motion to assign proceedings for final trial shall be accompanied by a verified factual disclosure form for the party filing the motion . Said verified factual disclosure form is attached to these rules and is mandatory

CRITICALCivil cases

Applies to

Protective order petition

The reviewing judge must identify in the petition’s “Court Action” section whether the matter is a domestic violence action or an interpersonal protective order action.

B. The judge reviewing a petition for any 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

Notice of submission

A party seeking summary judgment, dismissal, or interlocutory relief must file a notice of submission with the Clerk and provide a copy to the judge.

A party seeking Summary Judgment, Dismissal (in whole or in part) or any Interlocutory relief shall file a notice of submission with the Clerk, along with a copy of same 'to the judge so that matters may be efficiently addressed by the Court .

CRITICALCivil cases

Applies to

Written motion

An individual seeking a video judicial order must file a written motion that states the request's purpose.

An individual requesting a video judicial order must file a written motion, with notice to the parties. including the child's Guardian Ad Litem, if any, and set forth the purpose of the request.

CRITICALCivil cases

Applies to

Uncontested final hearing submission

When both parties have executed and filed a written Separation Agreement, they must file an Agreed Order and submit proof by deposition or written interrogatories and a proposed Decree of Dissolution to the Family Court Judge.

In uncontested cases where there is a written Separation Agreement executed by both parties and filed in the record, the The parties must file an Agreed Order to take proof by deposition parties shall submit proof by deposition or written interrogatories. or wrilten interrogatories and submit on the record. proof by deposition or written interrogatories and a proposed Decree of Dissolution to the Family Court Judge,

CRITICALCivil cases

Applies to

Disclosure waiver

Counsel may not sign disclosure waivers on behalf of their clients.

Counsel may not sign waivers on behalf of their clients.

CRITICALCivil cases

Applies to

Notice of service of pvds

All parties must file a notice of service of the PVDS in the record.

However. all parties shall file a notice of service ol the PVDS in the record.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must reissue 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 receiving judge may hear the matter.

CRITICALCivil cases

Applies to

Agreement

Agreements filed of record must be signed by both parties and, if a party is represented, by counsel; an unrepresented party’s agreement must also be acknowledged by an authorized person.

All agreements between parties filed of record must be signed by both parties (not merely by the parties counsel). In the event that a party is represented by counsel, the agreement must also be signed by counsel. If acknowledged before a person authorized to take acknowledgments under a party is not represented by counsel, such agreements must be signed and KRS Chapter 423, a Deputy Circuit Clerk or Court Support Worker.

CRITICAL

Applies to

Proposed order

Must include

certificate of service

The proposed order or Judgment, for purposes of this paragraph, shall include a Certificate of Service showing the fact of the tender and service, the date of the same, and that the proposed order or Judgment will be signed and entered unless written objections have been filed within ten (10) days from the date of service .

The proposed order or Judgment, for purposes of this paragraph, shall include a Certificate of Service showing the fact of the tender and service, the date of the same, and that the proposed order or Judgment will be signed and entered unless written objections have been filed within ten (10) days from the date of service .

WARNING

Applies to

Agreed order

Counsel need not attend the Motion Docket call if an agreed order signed by counsel for all affected parties is submitted to the Clerk before the call.

If an agreed order signed by counsel for all parties affected is submitted to the Clerk prior to the call of the Motion Docket, counsel need not attend the call of the Motion Docket .

WARNING

Applies to

Statement of special problems

Provide a brief narrative statement describing any special problems, such as a complex valuation of a closely held business or a family member’s special needs.

XII STATEMENT OF SPECIAL PROBLEMS : Provide a brief narrative statement of any special problems . As example : complex valuation of closely held business or special needs of family member, etc .

WARNING

Applies to

Trial brief

In the Pretrial Order, the Court may require each party to submit a trial brief consisting of a short memorandum of the party's view of the fact and law on which it will rely and may fix a time for filing such briefs.

In the Pretrial Order, the Court may require each party to submit a trial brief consisting of a short memorandum of the party's view of the fact and law on which it will rely and may fix a time for filing such briefs.

WARNING

Applies to

Exhibit

If a pleading's referenced exhibit is not filed, the opposing party need not respond until it is filed and may elect to require its filing, with dismissal or striking of the pleading as a possible penalty.

If any exhibit (or copy of exhibit) referred to in a pleading as a part thereof be not filed, the opposing party shall not be required to file a responsive pleading thereto until the same shall have been filed ; but at his/her election, the opposing party may require such exhibit to be filed under the penalty of the pleading being dismissed or stricken from , the record .

WARNING

Applies to

Donated legal services panel list

The local bar association president must present the Circuit Clerk with a list of attorneys adhering to the donated legal services policy on or about January 1 each year.

In each county, on or about January 1st of each year, the President of the local bar association shall present a - list of all attorneys who adhere to this policy to the Circuit Clerk .

WARNING

Applies to

Order judgment

Counsel may present an order or judgment through the attestation of all parties’ counsel, signed below the body on the left, or an endorsement identifying any unrepresented party.

Counsel may present the Order or Judgment embodying the decision to the Court : (a) Upon having the Order or Judgment attested by counsel for all parties thereto as being in conformity with the Court's decision, by signature in a space provided just below the body of said Order or Judgment on the left-hand side of the page, and/or by an endorsement of the fact that any party is, or parties are, not represented by counsel, if that is the case ; or

WARNINGCivil cases

Applies to

Agreed order waiving disclosures

The parties may agree to waive preliminary or final Verified Disclosure Statements only if their agreement resolves all issues between them.

The parties may enter into an agreed order waiving the filing of preliminary and/or final Verified Disclosure Statements (AOC-238 and AOC-239) only in the following circumstances: Purusant to FCRPP 3, the parties have entered into an agreement which resolves all issues between them.

INFO

Applies to

Agreed order

Counsel are urged, as a recommended practice, to use agreed orders to obtain or grant extensions of time to plead or otherwise defend instead of motions to dismiss.

All counsel are urged to adopt a reasonable use of agreed orders for purposes of obtaining and granting extensions of time to plead or otherwise defend, instead of the prevalent practice of motions to dismiss .

INFO

Applies to

Motion

Moving counsel may provide a supporting brief written statement with the motion or file a supporting memorandum of law.

Moving counsel may also accompany any motion with a brief written statement, or file a memorandum of law, supporting said motion .

INFO

Applies to

Separation and property settlement agreement

In an uncontested case with a written, jointly executed settlement agreement filed in the record, the parties may waive the Commissioner hearing and submit a notarized written deposition, the record, and proposed findings for review.

Uncontested cases where there is a written Separation and Property Settlement Agreement executed by both parties and filed in the record, the parties may elect to waive the hearing before the Commissioner and submit a written deposition conducted before a Notary Public, submit the record and submit proposed findings of fact to the Commissioner for his/her review

INFO

Applies to

Statement of anticipated legal questions

At the start of trial or during trial, counsel may submit a typewritten statement of anticipated legal questions and supporting authorities, furnishing a copy to opposing counsel.

At the commencement, or during the course of the trial, the Court may receive from either counsel, with counsel furnishing copy thereof to opposing counsel, a typewritten statement of legal questions that are anticipated to arise during the course of the trial upon the receipt of evidence, and authorities relied upon by counsel in support of their contentions on each of said questions .

INFO

Applies to

Motion

Attorneys are requested to give the Clerk a concise summary of the motion when it is filed, orally or in an appended note.

All attorneys are requested to state to the Clerk, in as succinct summary as possible, the nature of the motion to be heard when it is filed (either orally or by an appended note), such as : "Motion to Dismiss" ; "Objection to Interrogatories", "Contempt : Child Support" ; "Submit for Judgment" ; "Default Judgment" ; etc ., and the Clerk is directed to make suitable notation of same on the Motion Docket .

INFO

Applies to

Motion to withdraw

The Court may permit an oral motion to withdraw for good cause if the litigant's interests will not be adversely affected.

For good cause shown, the Court may permit oral motions to withdraw so long as the interests of the litigant are not adversely affected.

INFOCivil cases

Applies to

Verified disclosures

The Court may later order verified disclosures to be filed despite the parties’ agreement to waive them.

the Court may subsequently order the filing of verified disclosures despite the parties' agreement to waive said disclosures.

INFO

Applies to

Order or judgment

At the Court's request, counsel in whose favor an order or judgment is rendered may prepare it.

All orders and judgments of the Court may, at the request of the Court, be prepared by counsel in whose favor the order or judgment is rendered.