Crittenden Circuit Court Document Filing Requirements

CRITICAL

Applies to

Default judgment motion

For a default judgment under Rule 55.01, the party must first file a written motion with a tendered judgment and notice to the party in default.

A party seeking a judgment by default where Rule 55.01 of the Kentucky Rules of Civil Procedures applies shall first file a written motion for such a judgment with a tendered judgment and notice to the party in default.

CRITICALCivil cases

Applies to

Family court case data sheet

The Family Court Case Data Sheet must be fully completed in every case.

The Family Court Case Data Sheet must be fully completed in all cases.

CRITICAL

Applies to

Order of sale

The order must direct the Master Commissioner to execute releases of mortgages, lis pendens, and liens extinguished by the judicial sale, and identify the book and page where each lien to be released is recorded.

AND LIENS FORECLOSED AND EXTINGUISHED BY REASON OF THE JUDICIAL SALE, AND/OR TO LIST THE BOOK AND PAGE FAILURE TO DIRECT THAT THE MASTER COMMISSIONER EXECUTE RELEASES OF MORTGAGES, LIS PENDENS, NUMBER WHERE EACH LIEN TO BE RELEASED IS RECORDED.

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A motion to compel discovery compliance must include counsel's certificate that counsel conferred or corresponded with opposing counsel and could not resolve the disagreement without a hearing.

All motions to compel discovery compliance shall contain a certificate by counsel that she or he has conferred or corresponded with opposing counsel and that they are unable to reconcile their differences without a hearing.

CRITICALCivil cases

Applies to

CR 78 2 motion

Must include

proposed order

A movant under CR 78(2) must file an appropriate tendered order of relief with the Court.

Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.

CRITICALCivil cases

Applies to

Discovery motion

Must include

certificate of conference

A motion to compel discovery must include counsel's certificate that counsel conferred or corresponded with opposing counsel and could not resolve the dispute without a hearing.

Motions to compel discovery shall contain a certificate, by counsel, that he or she has conferred or corresponded with opposing counsel and that they are unable to reconcile their difference without a hearing.

CRITICAL

Applies to

Order of sale

An order of sale must include the specified language concerning the occupant's vacancy notice and the purchaser's writ of possession.

11. Language as set out herein: "The purchaser may require occupant to vacate premises upon ten (10) days written notice a any time after the date of sale. The Purchaser is hereby given a WRIT OF POSSESSION, which entitles the Purchaser to immediately enter and take possession of this property, and the Sheriff of the respective County is authorized and directed to evict any party or parties to this case occupying or claiming an interest in said property adverse to the Purchaser."

CRITICAL

Applies to

Pleading motion memorandum

Pleadings, motions, and memoranda must include counsel’s name, address, phone number, fax number, and email address if available.

All pleadings, motions, and memoranda shall contain the name, address, phone number, fax number, and e-mail address (if available) of counsel.

CRITICAL

Applies to

Order

The order must direct the Master Commissioner to pay all outstanding ad valorem taxes assessed against the property.

FAILURE TO DIRECT THE MASTER COMMISSIONER PAY ALL OUTSTANDING AD VALOREM TAXES ASSESSED AGAINST THE PROPERTY.

CRITICAL

Applies to

Bid assignment

A purchaser assigning a bid must file the assignment with the Clerk and Master Commissioner within one week of the sale, stating the assignment’s 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 of the Court and with the Master Commissioner, setting forth the nature of the assignment together with the name and address of the assignee within one (1) week of the date of sale.

CRITICAL

The relevant document must include proper payment-option language.

FAILURE TO INCLUDE PROPER PAYMENT OPTION LANGUAGE. LOCAL RULE 12.02(A)(10).

CRITICALCivil cases

Applies to

Mediation agreement

Any agreement reached during mediation must be put in writing and signed by the parties and their counsel.

Any agreement reached during mediation by the parties on any issue shall be reduced to writing and signed by the parties and their counsel.

CRITICAL

FAILURE TO INCLUDE REFERENCE TO THE PLAINTIFF'S ATTORNEY FEE, WHICH SHOULD BE LEFT BLANK FOR THE COURT TO DETERMINE, WHAT IS REASONABLE. LOCAL RULE 12.02(B)(3).

FAILURE TO INCLUDE REFERENCE TO THE PLAINTIFF'S ATTORNEY FEE, WHICH SHOULD BE LEFT BLANK FOR THE COURT TO DETERMINE, WHAT IS REASONABLE. LOCAL RULE 12.02(B)(3).

CRITICALCivil cases

Applies to

Domestic violence petition

During regular business hours, the authorized agency or officer must present the completed, sworn petition to the Family Court Judge, with the stated judicial-officer alternatives if unavailable.

Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The completed, sworn Domestic Violence Petition shall be presented to the Family Court Judge of the 5"h Judicial Circuit. If not available, the petition may be presented to any Trial Commissioner, District Judge, or Circuit Judge of the 5h Judicial Circuit. If no authorized individual can be found in the 5h Judicial Circuit, the officer shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge, or Trial Commissioner in any surrounding county.

CRITICAL

Applies to

Motion

Except for motions included in an answer, a motion served on the adverse party must state a hearing date no later than the next regular motion day on which it could be heard; a notice without a hearing date is treated as if no motion was filed.

C. All motions, except those included in an answer, when served on the adverse party shall contain a date on which said motion shall be heard, which date shall not be later than the next regular motion day at which the motion could be heard. Any motion notice which fails to include the date of hearing shall be treated as if no motion had been filed.

CRITICAL

Applies to

Commissioners report of sale

If the purchaser is required to provide a bond, the bond must be filed with the Commissioner's Report of Sale.

If a bond is required of the purchaser, the bond shall be filed along with the Commissioner's Report of Sale.

CRITICAL

Applies to

Judgment

A judgment must list the address of the property being sold.

FAILURE TO LIST THE ADDRESS OF THE PROPERTY BEING SOLD. LOCAL RULE 12.02 (A)(3)

CRITICAL

Applies to

Order

The order must address outstanding-tax information, including the relevant person, tax bill number, and year; if there are no past-due taxes, that fact should be reflected in the order.

INCLUDING BILLS PURCHASED BY A PRIVATE PARTY. LOCAL RULE 12.02(A)(9). IF THERE ARE NO PAST DUE TAXES THIS FAILURE TO LIST REQUIRED INFORMATION RE: OUTSTANDING TAXES, PERSON, TAX BILL NUMBER, OR YEAR FACT SHOULD BE REFLECTED IN THE ORDER.

CRITICAL

Applies to

Summary judgment motion

A summary-judgment motion must be accompanied by a supporting memorandum of law.

Motions for summary judgment shall not be noticed for hearing, but shall be accompanied by a memorandum of law supporting the motion.

CRITICALCivil cases

Applies to

CR 78 2 motion notice

The notice for a CR 78(2) motion must state that the motion may be granted without a hearing after ten calendar days if no response is filed.

The notice shall specify that the motion may be routinely granted without hearing by the court, upon the expiration of ten (10) calendar days if no response is filed.

CRITICALCivil cases

Applies to

Pleading motion or documentation

Must include

ai disclosure

A pleading, motion, or other documentation containing AI-generated material must include the specified certification language.

All pleadings, motions, and documentation which include any material generated by artificial intelligence (AI) shall also include the following certification language within the document: I further certify that no portion of any filing in this case will be drafted by generative artificial intelligence or that any language drafted by generative artificial intelligence-including quotations, citations, paraphrased assertions, and legal analysis-will be checked for accuracy, using print reporters or traditional legal databases, by a human being before it is submitted to the Court. Failure to comply will result in sanctions by the Court. I understand that any attorney or pro se litigant who signs any filing in this case will be held responsible for the contents thereof according to applicable rules of attorney discipline, regardless of whether generative artificial intelligence drafted any portion of that filing.

CRITICAL

Applies to

Motion to withdraw as counsel

A motion seeking leave to withdraw as counsel must be properly noticed for hearing.

Such leave can only be obtained by a motion served on the client and other parties and properly noticed for hearing.

CRITICAL

The relevant document must state that the occupant must vacate upon ten days’ written notice at any time after the sale date.

FAILURE TO INCLUDE VACATING PREMISES LANGUAGE. LOCAL RULE 12.02(A) (11). OCCUPANT TO VACATE PREMISES UPON TEN (10) DAYS WRITTEN NOTICE AT ANY TIME AFTER THE DATE OF SALE.

CRITICALCivil cases

Applies to

Proposed order

When directed to prepare an order, an attorney or pro se party must mark it “Tendered By” or “Prepared By” and submit it to the opposing attorney or party for a “Have Seen” signature; that signature only confirms the order reflects the Court's findings and does not waive objections.

The Court may direct an attorney or pro se party to prepare an order reflecting the findings of the Court, or take the matter under submission for preparation of an order by the Court. Any order prepared by an attorney or pro se party 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." By singing the tendered order as such, neither the attorney nor a pro se party is waiving any objection to the content of the order, but is only agreeing that the order reflects the findings of the Court.

CRITICAL

Applies to

Request

A prospective juror's request for a permanent medical exemption from jury service must be supported by the juror's physician's certification.

Upon the request of any prospective juror for a permanent exemption from jury service because of a permanent medical condition, which must be supported by certification from the juror's physician, the Designee shall within five (5) days refer said request and medical certification to the Chief Circuit Judge for consideration.

CRITICAL

Applies to

Domestic violence petition

During regular business hours, the completed, sworn petition must be presented first to the Family Court Judge of the Fifth Judicial Circuit, with specified judicial officers in that circuit or a surrounding county as alternatives.

The completed, sworn Domestic Violence Petition shall be presented to the Family Court Judge of the Fifth Judicial Circuit. If not available, the petition may be presented to any Trial Commissioner, District Judge or Circuit Judge of the Fifth Judicial Circuit. If no authorized individual can be found in the Fifth Judicial Circuit, the officer shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge or Trial Commissioner in any surrounding county.

CRITICALCivil cases

Applies to

Motion

A person seeking a judicial order for a confidential video must file a written motion stating the purpose of the request.

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.

CRITICAL

Applies to

CR 78 2 motion

A CR 78(2) motion must alert opposing counsel that it may be granted routinely ten days after filing unless an objection is received or a response is filed.

Motions may be made under CR 78(2) and shall direct the opposing attorney's attention to the fact that under this rule the motion may be granted routinely by the Court ten (10) days after filing unless an objection is received or a response filed.

CRITICALCivil cases

Applies to

Opposition

An opposing party seeking an oral hearing must say so and notice the motion for the following motion day.

If a party opposing the motion desires oral hearing, they shall so state, and proceed to notice the motion for the following motion day.

CRITICALCivil cases

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the appointment’s statutory basis, the hours and description of services and reasonableness of the requested fee, and that the proceeding concluded and its disposition date.

Motions for compensation shall be accompanied by an affidavit indicating: i. The statutory basis for appointment; ii. The hours of service rendered with a brief description of the services rendered and reasonableness of the tee requested; and i11. That the action or proceeding has been concluded and date of disposition.

CRITICALCivil cases

Applies to

Domestic violence petition

After regular clerk business hours, the designated recipient must sign the petition with their name and office position to witness and verify the oath administered to the petitioner.

The above designated person, receiving a completed Domestic Violence Petition after regular Circuit Court Clerk business hours, is authorized to administer an oath to the Petitioner affirming the truthfulness as to the contents of the petition, and shall sign their name and office position to the petition as witness and verification of said oath.

CRITICAL

Applies to

Order

The order must identify the person in whose name the property was taxed, the year the tax is due, and the tax bill number.

FAILURE TO IDENTIFY THE PERSON(S) IN WHOSE NAME THE PROPERTY HAS BEEN TAXED, THE YEAR IN WHICH THE TAX IS DUE, AND THE TAX BILL NUMBER. LOCAL RULE 12.02(A)(9).

CRITICAL

Applies to

Motion

Shock-probation motions that do not comply with the order will be summarily denied.

All motions not complying with this order will be summarily denied.

CRITICAL

Applies to

Motion proposed order or pleading

Must include

caption, case number

Motions, proposed orders, and other pleadings must have the correct style and case or indictment number or they will be returned without filing.

All motions, proposed orders or other pleadings which do not contain the correct style and case or indictment number will not be filed but returned to the Movant.

CRITICAL

Applies to

Order of sale

An order of sale must include the specified language concerning payment terms, the purchaser's bond, the sale, and compliance with the sale terms.

10. Language as set out herein: "Purchaser may pay cash or said property will be sold upon payment of 10% deposit, with the balance upon credit of 30 days, The purchaser shall execute a good and sufficient bond with approved surety thereon for the purchase price, the bond to bear interest at the rate of twelve percent (12%) per annum from the date thereof, until paid, and to have the force and effect of a judgment, but a lien shall be retained on said property to further secure the payment of the purchase price. At his option, the purchaser may pay cash or pay the bond with accrued interest at any time before its maturity. Said sale to be made free and clear of any and all liens, claims, rights, title and interest of any and all parties to this action, excepting easements and restrictions of record in the County Clerk's office of each respective county in which the property is located, and such right of redemption as may exist in favor of the United State of America or the defendants). The purchaser will be prepared to promptly comply with these terms or the said property will be immediately offered again for sale."

CRITICAL

Applies to

Criminal indictment

A criminal indictment must state on its face the defendant's name, last known address, and social security number.

No criminal indictment will be accepted, entered or processed by the Circuit Court unless the indictment states on its face, the defendant's name, last known address and social security number.

CRITICAL

Applies to

Summary judgment submission

Must include

proposed order

A proposed order must be included on the accompanying disc for summary-judgment motion practice.

Parties shall submit an accompanying disc containing their motion, response or reply, and a proposed order and copies shall be sent to the Judge's office at P.O. Box 126, Dixon, KY 42409.

CRITICAL

Applies to

Domestic violence petition

After regular clerk business hours, the designated person receiving a completed petition may administer the petitioner's oath and must sign the petition with their name and office position.

The above designated person, receiving a completed Domestic Violence Petition after regular Circuit Court Clerk business hours, is authorized to administer an oath to the petitioner affirming the truthfulness as to the contents of the petition and shall sign their name and office position to the petition in witness and verification of said oath.

CRITICALCivil cases

Applies to

Notice of representation

An attorney seeking to inspect and copy a paternity case file must first file a party-signed Notice of representation with a notarized release authorizing the inspection.

An attorney seeking permission to review and copy a paternity case file must first file a Notice of representation signed by a party with a notarized release authorizing that attorney to inspect the parties' paternity case file for reasons relating to representation

CRITICALCivil cases

Applies to

Motion

Motions served on the adverse party must state a hearing date, except motions included in an answer; a motion without a hearing date is treated as not filed.

All motions, except those included in an answer, when served on the adverse party, shall contain a date on which said motion shall be heard. Any motion which fails to include the date of the hearing shall be treated as if no motion has been filed.

CRITICAL

Applies to

Judgment

If the property has a mobile home, the judgment must list its VIN and description or include a statement of conversion.

FAILURE TO LIST VIN AND DISCRIPTION OF MOBILE HOME OR STATEMENT OF CONVERSION IF THERE IS A MOBILE HOME ON THE PROPERTY. LOCAL RULE 12.02(A)(6).

CRITICAL

Applies to

Judgment

Judgments must list all parties in the heading and may not use “et al.” in place of listing them.

INCOMPLETE CAPTIONS FAILURE TO LIST ALL PARTIES IN HEADING OR USE OF ET AL. LOCAL RULE 12.02(A) (1)

CRITICAL

Applies to

Order or judgment

Once signed by the Judge, an order or judgment must be delivered to the clerk for entry.

When signed by the Judge, the order or judgment shall be delivered to the clerk for entry.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court in response to each pretrial diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application .

CRITICALCivil cases

Applies to

Motion and notice

Must include

certificate of service

Each motion and notice must include a certificate of service identifying the recipient, delivery method, and date of delivery or transmission.

B. Each motion and notice shall contain a certificate of service setting forth the party or attorney to whom the photocopy was delivered, the method(s) of delivery, and the date that the photocopy was delivered or transmitted.

CRITICAL

Applies to

Order of sale

Must include

caption

Orders for the sale of property must include a complete caption, property and title details, judgment and default information, applicable mobile-home and sale-condition details, and specified directives concerning lien releases and property taxes.

Orders for the 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." shall not be used 2. A legal description of the property sought to be sold, together with the 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 or contract rate of interest (if the order of sale is for the purpose of enforcing a judgment for money). 5. The names of all parties who are in default. 6. The VIN and description of mobile home or statement of conversion if there is a mobile home on the property. 7. Special conditions of sale, for example, property to be sold on site, specific combinations of property containing multiple tracts; special advertising in addition to advertising required by statute. 8. A directive that the Master Commissioner execute releases of mortgages, lis pendens, and liens foreclosed and extinguished by reason of the judicial sale; it shall also contain the book and page number where each lien to be released is recorded. 9. A directive that the Master Commissioner pay all outstanding ad valorem taxes assessed against the property, provided that such directive also identifies the person or persons in whose name the property has been taxed and the name and address of the entity to be paid, the year in which the tax is due, and the tax bill number.

CRITICAL

Applies to

Judgment

A judgment must list the source of title.

FAILURE TO LIST SOURCE OF TITLE. LOCAL RULE 12.02 (A) (2)

CRITICALCriminal cases

Applies to

Order of diversion

The Order of Diversion must address restitution if applicable, supervision status and applicable fees, duration, compliance with Probation and Parole rules, and the specified legal and court-imposed conditions.

The Order of Diversion shall include: 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable). 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) 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

Trial readiness notice

On or before the report date, attorneys must advise the Court in writing whether they are ready for trial and the probable length of trial.

On or before the report date, the attorneys shall advise the Court in writing whether they are ready for trial, and the probable length of trial.

CRITICALCivil cases

Applies to

Adoption action

Must include

proposed order

After all procedural requirements, including a home investigation where necessary, the petitioner's attorney must submit proposed Findings of Fact and a Judgment of Adoption for the Family Court Judge's approval before obtaining a final hearing date.

Once all procedural requirements have been met, including the home investigation where necessary, the attorney for Petitioner(s) must submit all proposed Findings of Fact and Judgment of Adoption for approval by the Family Court Judge prior to obtaining a date for a Final Hearing in an adoption action.