Crittenden Circuit Court Document Filing Requirements

CRITICALCriminal cases

Applies to

Order of diversion

Pretrial diversion may not last more than five years without the petitioner's agreement, and the diversion agreement must last at least as long as needed to pay restitution in full.

Duration of the pretrial diversion shall not exceed five (5) years without agreement ofthe petitioner. Duration ofthe diversion agreement shall not be less than the time required to make restitution in full.

CRITICAL

Applies to

Motion

Must include

case number

Pro se shock-probation motions must include the judgment and sentence dates, sentence length, incarceration statement, information about the plea recommendation and supporting offer, relevant release plans and supporting employment documentation, and the correct case number.

All pro-se motions for shock probation shall include: A. Date of entry of judgment and sentence; B. Length of sentence imposed; C. A statement that the defendant has been incarcerated at least 30 days since the date of sentence; D. Whether the Commonwealth recommended shock probation in the negotiated plea and attach a copy of Commonwealth's offer supporting same; E. Information which would assist the Court such as: a. Where defendant will be living, b. Treatment or rehabilitation program the defendant intends to attend (if applicable), c. Where defendant will be employed with supporting document from the employer, and d. Any other reason counsel believes the Court should consider. F. The correct case number.

CRITICALCivil cases

Applies to

Domestic violence petition

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

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.

CRITICAL

Applies to

Judgment

A judgment must identify the specific parties in default.

FAILURE TO LIST SPECIFIC PARTIES IN DEFAULT. LOCAL RULES 12.02(A)(5)

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations on diversion 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 a.~ the appropriate sentence to be imposed ifthe diversion agreement is unsuccessful .

CRITICAL

Applies to

CR 78 2 motion

Must include

proposed order

A CR 78(2) motion must be submitted with an appropriate order, except for motions for summary judgment and default judgments addressed by Local Rule 7.

An appropriate order shall be submitted with the motion. (This does not apply to motions for summary judgment - see Local Rule 15 or Default Judgments referred to in Local Rule 7.)

CRITICAL

Applies to

Order or judgment

After a ruling, verdict, or judgment in a civil case, counsel for the successful party must prepare and present a conforming order or judgment, obtain the specified “Have Seen” endorsements, and note if the opposing party is unrepresented.

In civil cases, whenever any ruling is made, verdict rendered, or judgment rendered, an order or judgment in conformity therewith shall be prepared by counsel for the successful party, shall be endorsed "Have Seen" by counsel for all parties thereto as in conformity to the ruling or judgment, and shall be presented to the Court. If the party against whom the order or judgment is entered is not represented by counsel, that fact shall be endorsed thereon.

CRITICALCivil cases

Applies to

Request for judicial order

A request for an order concerning an in-chamber child-interview video must include a written explanation identifying the requested portion and the specific purpose of the request.

An individual requesting a judicial order must provide the Family Court Judge with a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child, and specific purpose for the request.

CRITICAL

Applies to

Affidavit

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.

CRITICAL

The relevant document must list the dollar amount due on a specific date together with the daily or contract rate.

RULE 12.02 (A)(4). FAILURE TO LIST DOLLAR AMOUNT ON A DAY CERTAIN TOGETHER WITH DAILY OR CONTRACT RATE. LOCAL

CRITICAL

Applies to

Order of sale

Orders of sale, including judgments containing orders of sale, must be filed with the Master Commissioner for examination and approval before Court entry.

All orders of sale, including judgments containing orders of sale, shall be filed with the Master Commissioner for examination and approval prior to entry by the Court.

CRITICAL

Applies to

Judgment

The judgment must list the names and addresses of persons the Clerk is to serve with the judgment.

FAILURE TO LIST NAMES AND ADDRESSES OF PERSONS TO BE SERVED WITH JUDGMENT BY CLERK.

CRITICAL

Applies to

Order of sale

If the order requires recorded lienholders to be paid or the sale to be free and clear of liens, the order of sale must list the liens to be paid or state that there are no other liens.

IF ORDER REQUIRED LIEN HOLDERS OF RECORD TO BE PAID OR FOR SALE TO BE FREE AND CLEAR OF ALL LIENS, LIENS TO BE PAID ARE TO BE LISTED IN THE ORDER OF SALE OR ORDER NEEDS TO REFLECT THAT THERE ARE NO OTHER LIENS.

CRITICALCriminal cases

Applies to

Pretrial diversion application

For a pretrial diversion application, defense counsel must state and the defendant must agree on the record to waive speedy-trial and speedy-disposition rights if diversion is granted.

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

The vacating-premises language must include the stated notice concerning the purchaser’s possession and writ of possession.

THE VACATING PREMISES LANGUAGE FAILS TO INCLUDE THE FOLLOWING NOTICE: "PURCHASER MAY REQUIRE TAKE POSSESSION OF THIS PROPERTY, AND THE SHERIFF OF THE RESPECTIVE COUNTY, IS AUTHORIZED AND DIRECTED PURHCASER IS HEREBY GIVEN A WRIT OF POSSESSION, WHICH ENTITLES THE PURCHASER TO IMMEDIATELY ENTER AND THE PURCHASER." LOCAL RULES 12.02 (A)(11).

CRITICALCivil cases

Applies to

Pleading motion or other filed paper

Must include

case number

Every filed pleading, motion, or other paper must include the case number and the signing attorney's or party's typed or printed name, address, telephone number, and email address.

Every pleading, motion, and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number, and email address of the attorney or party signing the document.

CRITICALCivil cases

Applies to

CR 78 2 motion

A movant proceeding under CR 78(2) must state that the motion is made under that rule and the local rule.

Movant shall state that the motion is made under CR 78(2) and this local rule.

WARNINGCivil cases

Applies to

CR 78 2 motion

A CR 78(2) motion may be decided without an oral hearing on brief written statements of reasons in support and opposition.

Motions may be made under CR 78(2) which makes provision for the determination of motions without oral hearing upon a brief written statement of reasons in support and opposition.

WARNINGCivil cases

Applies to

Affidavit

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk's office in the county where the protective order is entered and file a completed affidavit on form AOC 275.5.

WARNINGCivil cases

Applies to

Pleading

Each pleading must include the filing party's or attorney's correct mailing address, email address, and telephone number.

All pleadings shall contain the correct mailing address, email address, and telephone number of the party or attorney filing the pleading.

WARNING

Applies to

Motion

Counsel's shock-probation motions should substantially comply with the listed requirements.

Motions filed by counsel should substantially comply with the above requirements.

WARNINGCivil cases

Applies to

Domestic violence petition

During the stated weekday business hours, a person seeking an emergency protective order should file a domestic violence petition at the Circuit Court Clerk's Office in their county.

During the hours of 8:00 a.m. to 4 p.m. Monday through Friday, a person who wishes to obtain an EMERGENCY PROTECTIVE ORDER should go the Circuit Court Clerk's Office in their county and file a DOMESTIC VIOLENCE PETITION.

WARNING

Applies to

Purchaser bond

A purchasing creditor enforcing its mortgage or lien need not provide a bond unless the Court directs otherwise in the Order of Sale.

Unless the Court otherwise directs in the Order of Sale, no bond shall be required of a purchasing creditor seeking to enforce its mortgage or lien on the property.

WARNINGCivil cases

Applies to

Proposed order

If the responding attorney or pro se party does not sign an order, the submitting attorney or party may file it with the Clerk with notice.

If the responding attorney or pro se party fails to sign the order, the submitting attorney or pro se party may file the order with the clerk with the notice of same.

WARNING

Applies to

Notice of substitution of counsel

Counsel may substitute by filing a notice signed by both the withdrawing and entering counsel.

Substitution of counsel may be accomplished by a notice signed by the withdrawing counsel and the entering counsel.

WARNING

Applies to

Appeal submission

In counties with video of District Court proceedings, counsel should identify where the testimony at issue can be found.

In counties having video of District Court proceedings counsel should designate where the testimony in issue can be found.

WARNING

Applies to

Affidavit

The Court may grant a case-by-case exception to the indictment information requirement if the Commonwealth files an accompanying complaining-witness affidavit explaining why the information cannot be provided.

The Court may grant exceptions to this rule on a case by case basis if the Commonwealth files with the Court an accompanying affidavit by the complaining witness explaining why the required information cannot be provided.

WARNING

Applies to

Domestic violence petition

During regular business hours, a person seeking an emergency protective order should file a Domestic Violence Petition at the county Circuit Court Clerk's Office.

During the hours of 8:00 a.m. - 4:00 p.m. Monday through Friday, a person who wishes to obtain an EMERGENCY PROTECTIVE ORDER should go to the Circuit Court Clerk's Office in their county and file a DOMESTIC VIOLENCE PETITION.

INFO

Applies to

Transcript

Parties appealing district court judgments or appealable orders may have the proceeding transcribed, and the Court may waive the transcript requirement upon proper motion.

Parties appealing district court judgments or appealable orders may have the district court proceeding transcribed, except that the Court may waive this requirement upon proper motion.

INFO

Applies to

Further discovery request

Further discovery may be requested in writing as necessary.

Further discovery may be requested in writing as is necessary.

INFOCriminal cases

Applies to

Order of diversion

The Order of Diversion may, but is not required to, include drug- and alcohol-free conditions with random testing, no violations of the named laws, or a prohibition on possessing firearms or other deadly weapons.

The Order of Diversion may include : 1. That Petitioner remain drug and alcohol free and be subject to random testing. 2. That the petitioner have no violation ofthe Penal Code or the Controlled Substances Act. 3. That the petitioner possess no firearm or any other deadly weapon.

INFO

Applies to

Transcript

An appealing party who believes a transcript or part of one would help the Court may submit it before the case is submitted.

Any party to such appeal who feel that a transcript of the evidence or part thereof would be helpful to the Court may submit same at any time prior to submission of the case.