Clay Circuit Court Document Filing Requirements

CRITICAL

Applies to

Pleading and legal paper

Must include

caption

Pleadings and legal papers in civil and criminal cases must have the specified heading centered at the beginning of the first page.

The heading of all pleadings and legal papers in all civil and criminal case shall be styled at the beginning and center of the first page as follows : "COMMONWEALTH OF KENTUCKY # JUDICIAL CIRCUIT COUNTY CIRCUIT COURT DIVISION # (WHERE APPLICABLE) CIVIL ACTION NO. OR INDICTMENT NO .

CRITICALCivil cases

Applies to

Petition

The judge reviewing a protective-order petition must indicate in its Court Action section whether the action is a domestic-violence or interpersonal-protective-order action.

B. 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

Order

Every order must contain a Distribution list.

All Orders shall contain a Distribution list as set out in the following example :

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.

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.

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

Protective order petition

The reviewing judge must indicate in the petition’s 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

Proposed instructions

Except when the Court specifically orders otherwise, parties must prepare proposed instructions for tender to the court and opposing counsel, subject to revision, before jury-docket placement and before the pretrial conference.

Except in cases specifically ordered by the Court, before a case is placed on a jury docket, and in all cases before an action is heard at the pre-trial conference, the parties shall comply with the following: a. Determine that pleadings are completed and all issues of fact joined; b. Complete discovery if possible; c. Prepare proposed instructions to be tendered to the court and opposing counsel, subject to revision; d. Be prepared to stipulate undisputed facts by either party; e. In tort actions involving personal injury, be prepared to exchange medical reports and copies of medical bills or other evidence of special damages; f. To discuss all material points of law; g. To discuss the nature of the case, the theories of the parties, admitted facts, the ultimate facts which will be disputed, and the points of law to be passed on by the courts.

CRITICAL

Applies to

Final decree action

All actions for final decrees must include the parties' testimony to prove residency.

4. All actions for final decrees shall include the testimonies of the parties to prove residency.

CRITICALCivil cases

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 recommendation

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

CRITICALCivil cases

Applies to

Protective order petition

Petitions seeking protection under KRS Chapter 403 or 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. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Proposed findings

Proposed findings accompanying a summary-judgment motion must specifically state the material facts the moving party contends are undisputed.

Such proposed findings shall specifically -state the z material facts as to which the moving party contends there is no genuine issue.

CRITICALCriminal cases

Applies to

Order of diversion

An Order of Diversion must include the listed drug, alcohol, criminal-law, and weapons conditions.

C. The Order of Diversion shall include : 1. That the defendant remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act. 3. That the defendant possess no firearm or any other deadly weapon or be in a household where a firearm or other deadly weapon may be located ..

CRITICAL

Applies to

Default judgment motion

A party seeking default judgment under the specified Kentucky Rules of Civil Procedure must first file a written motion.

A party seeking a judgment by default where Rules 55 .01, 4.01, or 6 .03 of the Kentucky Rules of Civil Procedure apply shall first file a written motion for such a judgment.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must submit a written recommendation to the court for each application.

C. The Commonwealth shall make a written recommendation to the court in response to each application . KRS 533 .250 (2)

CRITICAL

Applies to

Notices and motions for motion day

Must include

certificate of service

The certificate of service must show service of the notices and motions on the court.

such service shall also appear in the certificate of service.

CRITICALCriminal cases

Applies to

Order of diversion

An Order of Diversion must include any applicable restitution, supervision status and applicable fees, the diversion duration, and the specified requirements for the defendant.

B. The Order of Diversion shall include: 1. Restitution, if applicable, where victim has suffered monetary damage. KRS 533 .254 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . KRS 533 .250 (3). 3. Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation and 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

Discovery response

Discovery answers and objections must identify and quote each interrogatory in full immediately before the answer or objection.

Answers and objections to interrogatories, requests for admission or other similar discovery procedures, shall identify and quote each interrogatory in full immediately preceding the statement of any answer or objection thereto.

CRITICALCriminal cases

When applying for pretrial diversion, counsel must state that speedy-trial or disposition rights will be waived if diversion is granted, 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.

CRITICAL

Applies to

Default judgment motion

Default-judgment motions must be submitted ex parte and must not be scheduled on Motion Day dockets.

All such motions shall be submitted ex parte and shall not be scheduled on Motion Day dockets.

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.

Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody 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

Pleading or paper requiring attorney signature

Pleadings and papers requiring an attorney's signature must include the attorney's typed name, complete address, and telephone number on the last page.

All pleading and papers requiring the signature of an attorney shall set forth on the last page thereof the typed name and complete address of the attorney including telephone number as in the following example :

CRITICAL

Applies to

Proposed findings conclusions and final decree

In domestic relations cases heard orally or on deposition, proposed findings of fact, conclusions of law, and final decrees in original form must be submitted to the court.

5. Proposed findings of fact, conclusions of law and final decrees in original form, shall be submitted to the court typed on plain, letter-size paper when domestic relations cases are either heard orally or on deposition as provided herein.

CRITICAL

Applies to

Case submitted on depositions

Cases submitted on depositions, except uncontested divorces, must be accompanied by memorandum briefs and proposed findings of fact, conclusions of law, and judgment.

All cases submitted on depositions other than uncontested divorces, shall be accompanied by memorandum briefs and proposed findings of fact, conclusions of law, and judgment.

WARNING

Applies to

Responsive affidavit

Responsive affidavits should be used when possible.

Responsive affidavits shall be utilized if possible.

WARNING

Applies to

Statement of genuine issues

A party opposing a summary-judgment motion may serve and file a concise statement of genuine issues before the day of the hearing, setting out all material facts claimed to present a genuine issue for litigation.

Any party opposing the motion may, prior to the day of hearing, serve and file a concise "statement of genuine issues," setting forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated .

INFO

Applies to

Itemized schedule

In a contested dissolution, an attorney may, at the Court's discretion, file and furnish an itemized schedule covering the listed property, employment, income, tax, non-marital property, and other relevant information.

2 . In every contested dissolution, each attorney may, at the discretion of the Court, file in the case and furnish to the Court and opposing counsel, an itemized schedule setting forth the following: a. Marital property of the parties and in whose name it is held, and the value thereof, including: 1 . Real estate 2. Personal property, including cash, bank accounts, etc . ; b. Employment status; c. Income, periodic and from all sources, and supporting proof thereof from employer, including wage statements, etc.; d. Copy of tax return for preceding year; e. List of property, real and personal, claimed non-marital, and the basis of the claim; f. Any other information the parties may believe will assist in making property disposition and fixing award for maintenance and support, where applicable.

INFO

Applies to

Motion

A party may serve and file proposed findings of fact and conclusions of law and a proposed judgment with a CR 56 summary-judgment motion.

There may be served and filed with each motion for summary judgment filed pursuant to CR 56, proposed findings of facts and conclusions of law and a proposed s judgment.