Clinton Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Separation agreement and agreed order modifying child support

Separation agreements fixing child support and agreed orders modifying child support must state that the parties are aware of the child-support amount established by the Kentucky Child Support Guidelines.

In addition, all separation agreements fixing child support and agreed orders modifying child support shall contain a reservation to the effect that The parties are aware of the amount of child support established by the Kentucky Child Support Guidelines.

CRITICALCivil cases

Applies to

Decree of dissolution documents

Original copies must be filed with the Clerk in the county of origin.

Pursuant to FCRPP 3(1)(a)(ii), original copies shall be filed with the Clerk in the county of origin.

CRITICAL

Applies to

Child support action

Child support actions initiated by the County Attorney's Office must be filed by that office and noticed for 10:00 a.m.

Child support actions initiated by the County Attorney's Office shall be filed by the office of the County Attorney related to calculation of child support and noticed for 10:00 a.m.

CRITICALCivil cases

Applies to

Uncontested matter

A proceeding can be classified as uncontested only if there is a signed property settlement agreement.

A signed property settlement agreement is necessary for a proceeding to be classified as "uncontested".

CRITICAL

Applies to

Sworn disclosure statement

The petitioner must file a sworn disclosure statement listing the specified property, debts, claims, income, and other relevant information.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.

CRITICAL

Applies to

Interrogatories and requests for admission

All interrogatories, responses, requests for admission, and answers or objections must be filed of record with the circuit clerk.

Pursuant to these local riles, all interrogatories and responses thereto and all requests for admission and answers or objections thereto shall be filed of record in the office of the circuit clerk.

CRITICAL

Applies to

Pretrial statement

Pretrial statements must list trial exhibits and witnesses, include feasible exhibit copies or identify where unavailable exhibits can be inspected, and provide specified identifying and opinion information for expert witnesses who have not been deposed.

All exhibits which may be used at trial shall be listed and copies, if teasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pretrial 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 be used at trial shall be listed, along with their addresses and telephonc numbers. Also, as to cach expert witness who has not been deposed, the pretrial 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 lestify and a summary of the grounds for cach opinion.

CRITICAL

Individuals proceeding pro se may do so but must comply with the same provisions as represented parties.

Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.

CRITICALCivil cases

Applies to

AOC 239 final verified disclosure statement

The AOC-239 Final Verified Disclosure Statement must be filed in the record when property matters are disputed.

The AOC-239, Final Verified Disclosure Statement, is adopted by this Court and shall be filed in the record if property matters are in dispute

CRITICALCivil cases

Applies to

Motion for temporary child support or maintenance

A motion for temporary child support or maintenance must include the movant’s income and expense schedule and supporting documentation.

Pursuant to FCRPP 5 and FCRPP 9, all motions for temporary child support and maintenance must be accompanied by movant's income and expense schedule with supporting documentation.

CRITICAL

Applies to

Divorce petition

A Divorce Petition may not be filed unless accompanied by a Vital Statistics Information Sheet signed by the attorney.

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney.

CRITICALCivil cases

Applies to

Exceptions

Exceptions to a Commissioner's ruling must identify the date of the disputed testimony and the tape counter number for the disputed evidence.

Any party filing exceptions to rulings of the Domestic Relations Commissioner shall specify the date wherein the disputed testimony was heard and shall refer to the tape counter number where the disputed evidence may be found. Failure to do so shall constitute grounds for overruling the exceptions.

CRITICAL

Applies to

Hearing notice

The hearing notice served on opposing parties must state the hearing’s time, date, and place.

The time, date, and place of the hearing shall be included in the notice served upon the opposing parties.

CRITICAL

Applies to

Plea agreement

After a pretrial conference is set, the specified prosecutors and defense counsel must meet with the defendant present to discuss possible resolutions; any reached plea agreement must be written, signed by the specified participants, and submitted for Court approval before the conference date.

After a pretrial conference has been set by the Court the Commonwealth Attorney and/or the Assistant Commonwealth Attorney and counsel for the defendants) shall agree to meet and discuss any possible plea agreements or resolutions of the case. At this meeting the defendant shall be present and if an agrecment is reached concerning a plea agreement, same shall be reduced to writing and signed by the Commonwealth Attorney and/or the Assistant Commonwealth, counsel for the defendant, and the defendants). Same shall be submitted to the Court for approval BEFORE the scheduled date of the pretrial conference.

CRITICALCivil cases

Applies to

Final hearing request

A request for a final hearing may not be made until the required child protective service agency report and any guardian ad litem report have been filed.

Pursuant to FCRPP 33, no request for final hearing shall be made prior to the filing of the state child protective service agency report pursuant to KRS 199.510 and the guardian ad litem report, if any, pursuant to KRS 199.515.

CRITICAL

Applies to

Motion to set trial

A motion to set a case for trial may be made on any Rule/Motion Day and must certify that the case will be ready for trial by the trial date.

Motions to set a case for trial may be made on any Rule/Motion Day and shall contain a certification that the case will be ready for trial by the trial date.

CRITICALCivil cases

Applies to

Original pleadings

Original pleadings in a dissolution action must include the pleadings identified in FCRPP 2(1)(a) through (i), when applicable.

All original pleadings in a dissolution action shall include pleadings identified in FCRPP 2(1)(a) through (i), if applicable.

CRITICAL

Applies to

Divorce petition

A Divorce Petition must include an attorney-signed Vital Statistics Information Sheet or the clerk will not file it.

Circuit Clerks shall not file a Divorce Petition unless it is accompanied by the Vital Statistics Information Sheet signed by the attorney.

CRITICALCivil cases

Applies to

Adoption or termination of parental rights petition

Every adoption or termination-of-parental-rights petition must state the case number of any specified underlying juvenile case and the name of any previously appointed guardian ad litem.

Pursuant to FCRPP 32(2)(b), every petition in an adoption or termination of parental rights shall include the following: A. The case number of any underlying juvenile case, specifically dependency, neglect or abuse or termination of parental rights cases); and B. The name of any guardian ad litem previously appointed.

CRITICALCivil cases

Applies to

Order

An order prepared at the Commissioner’s direction must identify its preparer and state that it was prepared at the request and under the direction of the Commissioner or the Court, as applicable.

Any order prepared at the direction of the Commissioner shall reflect the name of the preparer and state that the order was prepared at the request and under the direction of the Commissioner or the Court, as the case may be.

CRITICALCivil cases

Applies to

Preliminary verified disclosure statement

The AOC-238 Preliminary Verified Disclosure Statement must be filed in every contested divorce proceeding.

Pursuant to FCRPP 2(3), the AOC-238, Preliminary Verified Disclosure Statement, is adopted by this Court and shall be filed in every contested divorce proceeding in accordance with the following:

CRITICAL

Applies to

Motion to set for trial

A motion to set a case for trial may be made on any Rule/Motion Day and must certify that the case will be ready by the trial date.

Motions to set a case for trial may be made on any Rule/Motion Day and shall contain a certification that the case will be ready for trial by the trial date.

CRITICAL

Applies to

Pretrial statement

All parties must file pretrial compliance statements 14 days before trial, listing trial exhibits and witnesses and providing the specified exhibit access and expert-witness information.

1. PROVISIONS - Pretrial compliance statements shail be filed by all parties 14 days before the trial date. All exhibits which may be used at trial shall be listed and copies, if teasible, shall be attached to the pre-trial statement. All exhibits which cannot be attached to the pretrial 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 be used at trial shall be listed, along with their addresses and telephonc numbers. Also, as to cach expert witness who has not been deposed, the pretrial 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 lestify and a summary of the grounds for cach opinion.

CRITICAL

Applies to

Verified motion

Must include

case number

A verified motion must be filed as a petition on the AOC form and retain the domestic violence “D” case file number.

Any verified motion shall be filed on the AOC form as a petition and shall retain a domestic violence "D" case file number pursuant to FCRPP 13(4).

CRITICALCivil cases

Applies to

Decree of dissolution

A decree is not final until the Court signs the original and the Clerk enters it.

A decree shall not be final until the original is signed by the Court and entered by the Clerk.

CRITICAL

Applies to

Sworn disclosure statement

The petitioner's sworn disclosure statement must itemize marital property and its value, debts and amounts, claimed non-marital property and the basis for each claim, each party's income, and other information the petitioner believes will assist in proper property disposition.

The petitioner shall file a sworn disclosure statement within 15 days after the filing of the Petition for Dissolution of Marriage and it shall include an itemized listing of all marital property and its value, all debts and the amounts, all property claimed as non-marital and the basis of the claim, the income of each party and other information the petitioner may believe will assist in making a proper disposition of the property.

CRITICALCivil cases

Applies to

Separation agreement and agreed order modifying child support

The child-support worksheet must be attached to separation agreements that determine child support and agreed orders modifying child support.

The worksheet for child support obligation forms shall be attached to all separation agreements in which child support is determined and all agreed orders modifying child support.

CRITICAL

Applies to

Notice of appeal designation of record or ifp order

The attorney filing a Notice of Appeal, Designation of Record, or Order to Proceed in forma pauperis must send a copy to the court reporter or circuit clerk.

A copy of any Notice of Appeal, Designation of Record or Order to Proceed in forma pauperis shall be sent to the court reporter or circuit clerk by the attorney filing same.

CRITICALCivil cases

Applies to

Termination of parental rights petition

A separate petition must be filed for each child in a termination-of-parental-rights case, and each proceeding under KRS Chapter 625 receives an individual case number.

Pursuant to FCRPP 32(2)(a), a separate petition shall be filed for each child in a Termination of Parental Rights case and individual case numbers shall be assigned by the Clerk of the Court in proceedings filed pursuant to KRS Chapter 625.

CRITICALCivil cases

Applies to

Ex parte motion

An ex parte motion must include a supporting affidavit sufficient to state grounds for injunctive relief.

Pursuant to FCRPP 2(8), any ex parte motion shall be accompanied by a supporting affidavit sufficient to state grounds for injunctive relief

CRITICAL

Applies to

Plea agreement

The defendant must attend the meeting, and any reached plea agreement must be written and signed by the specified attorneys and the defendant.

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

WARNINGCivil cases

Applies to

Objections

Objections must not be filed in the record unless the Court orders filing.

objections thereto shall be exchanged twenty (20) days thereafter and shall not be filed in the record unless ordered by the Court.

WARNING

Applies to

Answer

The respondent may contest the petitioner's disclosure in the Answer with a sworn counter-disclosure statement; otherwise, the petitioner's itemized listing will be accepted as agreed or stipulated.

Respondent may refute this in the Answer with a sworn counter disclosure statement or the petitioner's itemized listing will be accepted as agreed or stipulated.

WARNING

Applies to

Answer

A respondent may contest the petitioner's disclosure in the Answer with a sworn counter disclosure; otherwise, the petitioner's itemized listing will be accepted as agreed or stipulated.

Respondent may refute this in the Answer with a sworn counter disclosure statement or the petitioner's itemized listing will be accepted as agreed or stipulated.

WARNING

Applies to

Pretrial statement

Untimely filing or substantive noncompliance with the pretrial-statement requirements may result in the Court barring affected witnesses from trial, except the parties.

2. SANCTIONS - Failure to file the pretrial statement in a timely manner may result in the Court denying the use of any witness at trial other than the partics. Failure to comply with the substantive provisions of this rule may result in the Court denying the use of any witness for whom the substantive provisions have not been met.

WARNINGCivil cases

Applies to

Agreement on individual issues

If the parties agree on individual issues without settling the entire case, they may submit their agreement directly to the Court if both parties have signed it.

If the parties reach an agreement on individual issues short of settling the entire case, the agreement, signed by both parties, may be submitted directly to the Court.

WARNING

An individual may proceed pro se in these matters but must comply with the same provisions as a represented individual.

Nothing contained herein shall prevent an individual from proceeding with pro se representation and said individual proceeding pro se shall comply with the same provisions as if he or she were represented by an attorney.

INFOCivil cases

Applies to

Decree of dissolution

Parties who agree on all issues may obtain a decree of dissolution without a hearing by following FCRPP 3(1)(a) and (b).

Parties who reach an agreement on all issues may obtain a decree of dissolution without a hearing by following the requirements of FCRPP 3(1)(a) and (b).

INFOCivil cases

Applies to

Recommended findings conclusions decree

Parties may furnish recommended findings of fact, conclusions of law, and a decree of dissolution to the Domestic Relations Commissioner for review.

Parties may furnish to the Domestic Relations Commissioner for review a recommended Findings of Fact, Conclusions of law, and a Decree of Dissolution.

INFOCivil cases

Applies to

Joint child support worksheets

Counsel are encouraged to provide joint child support worksheets showing evidence of any exception to using the guidelines.

Furthermore, counsel are encouraged to provide joint child support worksheets presenting evidence as to the existence of any exception to the utilization of the guidelines.