Cumberland County Circuit Court, Kentucky Document Filing Requirements

CRITICALCivil cases

Applies to

Request for final hearing

A request for a final hearing may not be made until the state child protective service agency report and, if applicable, the 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.

CRITICALCivil cases

Applies to

Adoption or termination of parental rights petition

Every adoption or termination of parental rights petition must include the case number of any 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

Separation agreements fixing child support and agreed orders modifying child support must state that the parties are aware of the 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."

CRITICAL

Applies to

Verified motion

A verified motion must use the AOC petition form and retain a 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).

CRITICAL

Applies to

Divorce petition

A Divorce Petition must be accompanied by a Vital Statistics Information Sheet signed by the attorney or the Circuit Clerk shall 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

The child-support-obligation 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

Pretrial statement

Exhibits that cannot be attached to the pretrial statement must be made available for opposing counsel to inspect at a convenient location identified in the 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.

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 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.

CRITICAL

Applies to

Final decree

In divorce actions, both parties must complete the FIT Program before entry of the Final Decree unless the Court enters a specific waiver.

In divorce actions the Final Decree will not be entered by the Court until both parties have completed the Families In Transition (FIT) Program unless a specific waiver is entered by the Court.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must list trial exhibits and witnesses, provide witness contact information, attach exhibit copies if feasible or identify an inspection location, and include specified disclosures for experts 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

Applies to

Plea agreement

If a plea agreement is reached at the meeting, it must be written and signed by the Commonwealth Attorney and/or Assistant Commonwealth, defense counsel, and the defendant or defendants.

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).

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.

CRITICALCivil cases

Applies to

AOC-238 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:

CRITICALCivil cases

Applies to

Original pleadings

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

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

CRITICAL

Applies to

Pretrial statement

The pretrial statement must list all exhibits that may be used at trial, and copies should be attached when feasible.

All exhibits which may be used at trial shall be listed and copies, if teasible, shall be attached to the pre-trial statement.

CRITICAL

Applies to

Sworn disclosure statement

The 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 may assist with disposition of the property.

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

Motion for temporary child support or maintenance

Motions 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.

CRITICALCivil cases

Applies to

Final verified disclosure statement

When property matters are disputed, the AOC-239 Final Verified Disclosure Statement must be filed in the record no later than 10 days before the hearing.

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, no later than ten (10) days prior to the hearing as required by FCRPP 3(3).

CRITICAL

Applies to

Divorce petition

A Divorce Petition must be accompanied by a Vital Statistics Information Sheet signed by the attorney or the Circuit Clerk may 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

Uncontested proceeding

A proceeding may 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

Plea agreement

If the parties reach a plea agreement at the meeting, it must be put in writing, signed by the specified attorneys and defendant, and submitted for court approval before the scheduled pretrial conference.

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

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

Hearing notice

The 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.

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.

Pursuant to FCRPP 32(2)(a), a separate petition shall be filed for each child in a Termination of Parental Rights case

CRITICAL

Applies to

Sworn disclosure statement

The petitioner's sworn disclosure statement must itemize marital property and values, 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 with disposition of the property.

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

Decree of dissolution

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

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

CRITICALCivil cases

Applies to

Decree of dissolution

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

Motion to set for trial

A motion to set a case for trial 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.

CRITICAL

Applies to

Pretrial statement

The pretrial statement must list potential trial witnesses and experts with their addresses and telephone numbers, and provide specified testimony and opinion information for each expert who has not been deposed.

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

Hearing notice

The 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

Discovery requests and responses

Interrogatories and responses, as well as requests for admission and their answers or objections, must be filed 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

Verified motion

A verified motion must be filed to invoke the Circuit Court’s jurisdiction to issue protective orders, either at the commencement of the action or during its pendency.

the Circuit Court shall have jurisdiction to issue protective orders upon the filing of a verified motion therein either at the commencement or during

CRITICAL

Applies to

Pretrial compliance statement

All parties must file pretrial compliance statements 14 days before trial.

Pretrial compliance statements shail be filed by all parties 14 days before the trial date.

CRITICAL

Applies to

Transportation order

Transportation orders must be tendered to the Court.

All Transportation orders shall be tendered to the Court no later than four (4) business days before a scheduled court appearance.

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

Interrogatories responses requests for admission answers or objections

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.

WARNING

An individual may proceed pro se but must comply with the same provisions as an attorney-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.

WARNING

Applies to

Answer

The respondent may refute 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

Pretrial statement

Untimely or substantively deficient pretrial statements may result in the Court excluding witnesses, with different consequences for each type of failure.

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

Joint child support worksheets

Counsel are encouraged to provide joint child support worksheets presenting evidence about any exception to use of 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.

WARNING

Applies to

Answer

The respondent may refute 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.

INFOCivil cases

Applies to

Recommended findings of fact conclusions of law and decree of dissolution

Parties may furnish the Domestic Relations Commissioner with recommended findings, conclusions, and a decree of dissolution 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

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, signed by both parties.

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.