Daviess Circuit Court Document Filing Requirements

CRITICAL

Applies to

Motion

Covered motions must include a complete statement of grounds and a memorandum of points and authorities; noncompliance may be grounds for overruling the motion.

All motions going to the merits of the case and/or which will require citation of authority including, but not limited to, applications under CR 12 through 23, 50, 56, 59 through 62, 64, 65 through 71 and motions in criminal cases shall be accompanied by a brief but complete statement of the grounds for the motion and memorandum of points and authorities to be relied upon. Failure to comply with such requirement may be grounds for overruling the motion.

CRITICAL

Applies to

Notice of cancellation or re notice

When the conference is cancelled and rescheduled because competent participation is not possible, a Notice of Cancellation or Re-Notice must be filed with the Court.

If, in preparation for the conference, the parties, attorneys, or Court Staff determine it will not be possible to competently participate in the conference, they shall cancel and reschedule the conference as soon as possible and a Notice of Cancellation or Re-Notice shall be filed with the Courts.

CRITICALCriminal cases

Applies to

Pretrial diversion application

In applying for diversion, defense counsel must state on the record, and the defendant must agree, that granting diversion waives the right to a speedy trial or disposition.

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

Notice to opposing counsel

The notice to opposing counsel must include the designated hearing time.

He will then notify the clerk of the half hour on which he wants to be heard and shall include the designated time in the notice to opposing counsel.

CRITICAL

Applies to

Notice of cancellation

Should the parties resolve the contested issues prior to the Case Management Conference, they shall promptly notify the Court Staff so other actions may be scheduled in the reserved slot and a Notice of Cancellation shall be filed with the Courts and the party's agreement reduced to writing within a reasonable amount of time.

Should the parties resolve the contested issues prior to the Case Management Conference, they shall promptly notify the Court Staff so other actions may be scheduled in the reserved slot and a Notice of Cancellation shall be filed with the Courts and the party's agreement reduced to writing within a reasonable amount of time.

CRITICAL

Applies to

Ex parte motion

An ex parte motion must include an affidavit sufficient to state grounds for injunctive relief; if granted, it must be set for a hearing with all parties at the earliest available date.

Any ex parte motion shall be accompanied by a supporting affidavit sufficient to state grounds for injunctive relief and, if granted, shall be set for a hearing with all parties at the earliest available date.

CRITICAL

Applies to

Notice of hearing

All notices of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.

All notices of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.

CRITICAL

Applies to

Agreed order

Settlement agreements reached during a Case Management Conference must be audio-recorded by Court Staff in the presence of the litigants and attorneys and reduced to an agreed order within ten days.

However, if the parties reach an agreement settling all or any portion of the pending issues, the verbal agreements shall be audio-recorded by Court Staff in the presence of the litigants and attorneys and shall be reduced to writing in an agreed order within ten, (10) days.

CRITICAL

Applies to

Pleading

All pleadings must include a distribution list with the names, addresses, and available email addresses of appropriate recipients, unless that information is protected.

All pleadings shall include a clear distribution list showing notice to appropriate parties, attorneys, and/or appointed individuals in said action. The distribution list shall name the party or attorney name, address, and email (if available), unless such information is otherwise protected.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the specified Kentucky statutes.

All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Pleading

Moving counsel must file appropriate pleadings clarifying the record when a hearing is no longer necessary.

the moving counsel shall file appropriate pleading(s) clarifying the record.

CRITICALCriminal cases

Applies to

Order of diversion

The Order of Diversion must include applicable restitution, supervision status and fees, duration, compliance with Probation and Parole rules, and the specified no-offense and other-condition directives.

B. The Order of Diversion shall include : 1. Restitution, if applicable . [Made mandatory by KRS 533 .254 where victim has suffered monetary damage] . 2 . Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . [The Corrections Department advises the actual monthly cost of supervision, as of January, 1999, is $97 .00 . Probation and Parole requests, and it is recommended, a monthly supervision fee of $25 .00, but no less than $10 .00, be imposed on the divertee . 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

Petition and emergency protective order

The specified clerk's office may receive petitions and administer oaths, the Office of Crime Victims' Advocacy may assist with petition preparation, and judges or notaries may administer oaths; the petition and any Emergency Protective Order must be received by the Juvenile Clerk or the appropriate Circuit Division when a custody or dissolution case exists.

The Daviess Circuit Court Clerk or any of her officers in the Juvenile Division may both receive Petitions and administer oaths. The Office of Crime Victims' Advocacy may assist in the preparation of a Petition. Any Judge or notary public may also administer oaths, but the Petition itself and any Emergency Protective Order must still be received by the Juvenile Clerk or appropriate Circuit Division where a custody/dissolution exists.

CRITICAL

Applies to

Order or judgment

A signed 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.

CRITICAL

Applies to

Decree of dissolution submission

If the parties agree on all issues, they may seek a decree without a hearing by filing a motion or agreed order; counsel must comply with FCRPP 2 and 3 and file the documents with the Clerk for entry.

If the parties reach an agreement on all issues, a decree of dissolution may be obtained without a hearing by filing a motion or agreed order to submit for decree of dissolution of marriage. Counsel shall comply with FCRPP 2 and 3 and file the documents with the Clerk for entry.

CRITICAL

Applies to

Order or judgment

The order or judgment must be signed by all attorneys of record as “have seen” or “OK to enter” and presented to the Court.

It shall be signed "have seen" or "OK to enter" by all attorneys of record, and shall be presented to the Court.

CRITICAL

Applies to

In chambers video interview release

The Clerk’s Office may not release an in-chamber video interview with a child without a specific written order from the presiding Family Court Judge.

The Daviess County Circuit Court Clerk's Office shall not release any Daviess Family Court in-chamber video interviews with a child without specific written order of the Family Court Judge presiding over the case.

CRITICAL

Applies to

Order or judgment

If the party subject to the order or judgment is unrepresented, that fact must be endorsed on the order or judgment.

If the party against whom the order or judgment is entered is not represented by counsel, that fact shall be endorsed thereon.

CRITICAL

Applies to

Motion

Must include

proposed order

A party filing a motion under CR 78(2) must file an appropriate tendered order of relief at the same time.

The party making any Motion under CR 78(2) shall file an appropriate tendered order of relief with the Court at the time of filing the motion.

CRITICAL

Applies to

Motion for payment of debts

A motion for payment of debts must include the disclosures required by FCRPP 5.

A motion for payment of debts requires the same disclosures as set forth in FCRPP 5.

CRITICAL

Applies to

Written notice

A parent intending to make a covered move must submit written notice to the other parent and file it with the court.

he or she shall provide written notice to the other parent and file same with the court at least sixty (60) days prior to such move.

CRITICAL

Applies to

Petition for immediate entitlement to custody

A Circuit Court petition for immediate entitlement to custody must list all parties involved in the related juvenile case.

All Petitions for Immediate Entitlement to Custody, pursuant to K.R.S. 620.110 and filed in Circuit Court shall list and serve notice upon all parties that are involved with the District Court Juvenile Dependency, Neglect, and Abuse case, including, but not limited to: all parents, temporary custodians, attorneys of record and the Cabinet.

CRITICAL

Applies to

Order

Orders adopting the holiday co-parenting guidelines must designate each party as Caregiver 1 or Caregiver 2.

All Orders adopting these guidelines shall designate which party is "Caregiver 1" and "Caregiver 2" for purposes of these guidelines.

CRITICAL

Applies to

Confidential video record release

The Clerk’s Office may release confidential Family Court video records only with a specific written order, or, if the parties and any applicable Guardian Ad Litem agree, upon filing an Agreed Order.

The Daviess County Circuit Court Clerk's Office shall not release any copies of the Daviess Family Court confidential video records without specific written order of the presiding Family Court Judge, unless otherwise agreed by the parties and Guardian Ad Litem, if applicable, and upon the filing of an Agreed Order to that effect.

CRITICALCriminal cases

Applies to

Court record

If it is accepted, a specific finding should be made on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .

If it is accepted, a specific finding should be made on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

The Commonwealth's Attorney must provide the Court with a written recommendation for each diversion application.

The Commonwealth's Attorney shall make a written recommendation to the Court in response to each application

CRITICAL

Applies to

Notice of hearing

For virtual Monday Motion Hours, the movant must include the applicable division-specific virtual-link contact instruction on the Notice of Hearing, unless the Court agrees otherwise.

When scheduling during virtual Monday Motion Hours, unless otherwise agreed by the Court, the movant shall include the following on the Notice of Hearing: Division III - "Please contact the Daviess Family Court Judicial Support Specialist, at (270) 689-0169 or via email to receive the virtual link information." Division IV – "Please contact the Daviess Family Court Judicial Support Specialist, at (270) 686-7299 or via email to receive the virtual link information."

CRITICAL

Applies to

CR 78 2 notice

A CR 78(2) notice must substantially follow the prescribed wording; an opposing party seeking an oral hearing may say so in the response and must then arrange the hearing with Family Court Staff.

The foregoing motion is submitted to the court for decision pursuant to CR 78(2). This motion will routinely be granted by the court in ten (10) days unless a response is filed. Should the party opposing the motion under Rule CR 78(2) wish to have an oral hearing on the issue raised in the motion, they may in their response so state, and shall proceed to set the motion for a hearing with the Family Court Staff.

CRITICAL

Applies to

Family court action

Must include

caption, case number

All Family Court Actions must use the specified heading.

The heading of all Family Court Actions shall read: COMMONWEALTH OF KENTUCKY DAVIESS CIRCUIT COURT FAMILY DIVISION _____ CASE NO. _____

CRITICAL

Applies to

Motion

If there is no agreement concerning release of confidential video records, the requesting party must file an appropriate motion requesting release.

Absent an agreement, the requesting party shall file an appropriate Motion requesting same.

CRITICAL

Applies to

New dissolution or custody action

When filing a new dissolution or custody action, the Petitioner must tender the AOC-242 Parenting Conduct Order.

Upon filing any new dissolution of marriage or a custody action, the Petitioner shall tender the AOC-242 Parenting Conduct Order.

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

The prosecutor must make a favorable or unfavorable recommendation on every application, and the circuit court cannot act on a diversion request without one.

[The Commonwealth is statutorily required to slake a recommendation, whether favorable or unfavorable, on every application . A circuit court cannot act on a request for diversion absent a recommendation from the prosecutor

CRITICAL

Applies to

Pleading

A pleading that references evidentiary matter must cite the record for each statement of fact.

A party referencing any evidentiary matter in a pleading shall make appropriate citation to the record for each statement of fact.

CRITICAL

Applies to

Motion

An attorney seeking to stop representing a party must file a motion and give adequate notice to the client and opposing counsel.

When an attorney of record wishes to cease representation of a party, the attorney shall file a motion therefor and give adequate notice to the client and opposing counsel.

CRITICAL

Applies to

Response

A party properly served with a covered motion or application must file a response stating its grounds for opposition and supporting points and authorities.

Any party properly served with such a motion or application shall file a response containing a statement of grounds for opposing the motion, with a memorandum of points and authorities in support of the opposition.

CRITICAL

Applies to

Proposed order

Every proposed order must contain a distribution list identifying all counsel and pro se litigants, with addresses.

All proposed orders shall contain a distribution list that will identify all counsel and prose litigants, with addresses.

CRITICAL

Applies to

Proposed order

Counsel submitting a proposed order must provide enough copies for the Clerk to serve according to the distribution list.

Tendering counsel shall provide a sufficient number of copies of the proposed order for the Clerk to serve in accord with the distribution list.

CRITICAL

Applies to

Decree of dissolution

A decree is not final until its original is submitted and approved by the Domestic Relations Commissioner, signed, and entered by the Court.

A Decree shall not be final until the original is submitted and approved by the Domestic Relations Commissioner signed and entered by the Court.

CRITICALCriminal cases

Applies to

AOC Form 347 pretrial diversion motion

The Commonwealth must file the diversion form with the Circuit Court Clerk, and the form must contain the Commonwealth's recommendation and be signed by the defendant, defense attorney, and Commonwealth's Attorney.

which contains the Commonwealth's recommendation and is signed by the defendant, defense attorney, and the Commonwealth's Attorney, will be filed by the Commonwealth with the Circuit Court Clerk

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

When recommending diversion, the Commonwealth must submit written recommendations for the diversion conditions and the sentence to impose 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

CRITICAL

Applies to

Preliminary verified disclosure statement

In dissolution of marriage actions, Preliminary Verified Disclosure Statements (AOC-239) must be exchanged and a copy provided to Court Staff at least seven calendar days before the case management conference.

In Dissolution of Marriage actions only, the Preliminary Verified Disclosure Statements (AOC-239) shall be exchanged with a copy provided to the Court Staff at least seven (7) calendar days prior to the date scheduled for the Case Management Conference.

CRITICAL

Applies to

CR 78 2 motion

For a CR 78(2) motion, the movant must notify the opposing attorney or unrepresented party that the motion may routinely be granted ten days after filing unless a response is filed.

The movant shall give notice that the motion is made under CR 78(2) and shall direct the attention of the opposing attorney (or party if there is no attorney) to the fact that under this local rule, the motion may be granted routinely by the Court ten (10) days after filing, unless a response is filed.

CRITICAL

Applies to

Notice

A party or counsel cancelling or resetting a hearing must file the appropriate notice.

and file the appropriate notice therein.

WARNING

Applies to

Proposed findings conclusions and judgment

For matters under submission, the Court may request that all attorneys submit proposed findings of fact, conclusions of law, and judgment.

In Court cases or other matters under submission, the Court may request that all attorneys submit proposed findings of fact, conclusions of law, and judgment.

WARNING

Applies to

Temporary child support and maintenance motion

When temporary child support and maintenance motions are combined, only one affidavit incorporating the information referenced in FCRPP 5 and 9 need be filed.

Thus, only one (1) affidavit need be filed incorporating the information referenced in said Rules.

WARNINGCriminal cases

Applies to

Plea agreement

The diversion plan is recommended to be submitted to the Court as part of a plea agreement.

[It is recommended that the diversion plan be submitted to the Court as part of a plea agreement

WARNING

Applies to

Attorney training documentation

Attorneys seeking to remain on or join the DNA list must submit proof of required training and good standing to the Case Manager every two years before the year their requirements need updating.

Proof of completion of the following shall be supplied to the Daviess Family Court Case Manager by all attorneys wishing to remain and/or be placed on the Dependency, Neglect and Abuse (DNA) list every two (2) years prior to any new year in which their requirements need to be updated.

WARNING

Applies to

Discovery response

Responses to discovery under CR 33, 34, or 36 must repeat the question or request as originally propounded.

For any discovery responses pursuant to CR 33, 34, or 36, the response shall repeat the question or request as originally propounded.

WARNINGCriminal cases

Applies to

Pretrial diversion application

Defense counsel is advised to submit the diversion application to the Circuit Court and prosecutor at the same time.

It is recommended the defense attorney simultaneously submit an application to the Circuit Court and to the prosecutor

WARNINGCriminal cases

Applies to

Plea colloquy

The Court is advised to modify the plea colloquy to reflect the listed diversion-related matters on the record.

It is suggested that when a defendant who has applied for diversion enters his/her guilty plea or plea pursuant to North Carolina v . Alford , the Court modify the colloquy to reflect these items on the record