Edmonson County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Guardian ad litem fee motion and affidavit

The Guardian ad Litem fee Motion and Affidavit must be filed promptly at the final hearing or before entry of final judgment.

Guardian ad Litem fee Motion and Affidavit shall be promptly filed at the final hearing or prior to entry of the final judgment.

CRITICAL

Applies to

Motion

Each motion must have a heading identifying the requested relief and the party on whose behalf it is filed, and must specify the requested court action and subject matter.

Each motion shall bear a heading designating the relief sought in the motion and on whose behalf the motion is filed. Each motion shall specify the action of the Court requested by the movant and the subject matter thereof.

CRITICAL

Applies to

Disclosure statement

Attach pay stubs with the statement of monthly gross employment income.

********My monthly gross from my employment is _ (attach pay stubs)

CRITICAL

Applies to

Petition motion for order of protection

Entries in the form's boxes must be complete, accurate, and legible.

ENSURE ENTRIES IN BOXES ARE COMPLETE, ACCURATE AND LEGIBLE TO ALLOW PROMPT ENTRY INTO LINK IF ORDER OR SUMMONS ISSUES, AND TO ENABLE THE COURT TO OBTAIN RESPONDENT'S DOMESTIC VIOLENCE AND CRIMINAL HISTORY.

CRITICAL

Applies to

Order

The order must state that it becomes effective seven days after service unless the adverse party files a motion for a hearing within that period.

The order shall provide that the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court.

CRITICAL

Applies to

Termination of parental rights judgment

A Judgment of Termination of Parental Rights may include only the child's name.

The Judgment of Termination of Parental Rights shall include only the name of the child.

CRITICAL

Applies to

Order of pretrial diversion

The diversion order must state the duration of diversion.

3) Duration of the diversion .

CRITICAL

Applies to

AOC Form 280

When an action is submitted for adjudication, counsel or an unrepresented party must file AOC Form 280 with the Judge, Warren Circuit Clerk, and Administrative Office of the Courts.

In accordance with SCR 1.050(8), when any action stands submitted for adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Warren Circuit Clerk and Administrative Office of the Courts.

CRITICAL

Applies to

Consent form

The checklist calls for a notarized consent form to be filed and compliant, unless an exception to consent applies.

• • Has a notarized consent form been filed? KRS 199.500 aYes • No Does it comply with KRS 199.011(14)? • • If notarized consent has not been filed, do any of the exceptions to consent apply? KRS 199.500(1)(a-d) or KRS 199.502

CRITICAL

Applies to

Disclosure statement

Attach further documentation or an additional schedule when a question requires it.

If a question requires further documentation or an additional schedule, please attach.

CRITICAL

Applies to

Order

The order must contain a short statement of the grounds for its issuance.

The order shall contain a short statement of the grounds for its issuance .

CRITICAL

Applies to

Adoption petition

The checklist calls for confirming that the adoption petition contains all necessary information.

• • Does the petition contain all the necessary information? KRS 199.490

CRITICAL

Applies to

Motion for rule of contempt

A Motion for Rule of Contempt must use the caption “Motion for Rule of Contempt” and may not use a Show Cause or other designation.

c. Motions for Rule of Contempt shall be captioned as Motion for Rule of Contempt" and shall not be captioned as a Show Cause Motion, Motion for Show Cause and/or any other such designation.

CRITICAL

Applies to

Pretrial compliance

If the Pretrial Compliance is late, the non-complying party may be barred from calling witnesses other than the parties and from introducing documents, unless a written agreement is placed in the Court file, good cause is shown, or the Court grants a case-by-case exception.

If the Pretrial Compliance is not timely filed, unless by written agreement with opposing counsel placed in the Court file, the non-complying party, unless good cause is shown, shall be precluded on direct from calling any witness, other than the parties, and from introducing any documents. Exceptions may be granted by the Court on a case by case basis.

CRITICAL

Applies to

Roster removal report

If the committee removes an attorney from the roster, it must prepare and forward a written report to the Court under seal, and the report must not be filed in a juvenile or other court action.

If a sanction of removal from the roster is made by the committee, a written report shall be made and forwarded to the Court under seal and not filed in any juvenile action or other court action.

CRITICAL

Applies to

Mediation report

At the conclusion of mediation, the mediator must immediately file a report stating, without comment, whether the parties reached a full, partial, or no agreement.

At the conclusion of mediation, the mediator shall immediately file a report, without comment, to the Court as to the outcome of the mediation (i.e., a full, partial or no agreement).

CRITICAL

Applies to

Case data information sheet

Petitioner's counsel must provide the clerk two additional copies of Form AOC-FC-3 for distribution to the Cabinet for Health and Family Services and the County Attorney.

The Petitioner's counsel shall also provide the Clerk of the Court with two additional copies of the Case Data Information sheet (Form AOC-FC-3) referenced above for distribution to the Cabinet for Health and Family Services and to the County Attorney.

CRITICAL

Applies to

Order of pretrial diversion

The diversion order must direct the defendant not to commit an offense during diversion and to comply with other applicable statutory provisions or conditions the Court deems appropriate.

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

Disclosure statement

The attorney must designate the disclosure statement as Preliminary or Final.

(Attorney to designate Preliminary or Final)

CRITICAL

Applies to

Proof of service

The proof-of-service form calls for the serving peace officer to affirm that a true and correct copy was personally delivered to the Petitioner/Respondent.

Comes _ a duly authorize peace officer with the power to serve process in civil and/or criminal actions in Warren County, Kentucky. He/she hereby affirms that a true and correct copy of the 's Motion to Show Cause Order and Notice of Hearing before Judge was personally delivered to the Petitioner/Respondent, -› on the day of _ → 20_

CRITICAL

Applies to

Cr 78 2 motion notice

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, using substantially the prescribed notice.

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 . The notice shall be substantially in the following form: 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 .

CRITICAL

Applies to

Mediator report

The mediator must report the mediation’s status and whether an agreement was reached; with the parties’ consent, the mediator may also identify matters that could facilitate settlement.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.

CRITICAL

Applies to

Statement of death

If a party dies during the pendency of an action, counsel representing the decedent shall notify all parties of the death by service of a statement of the fact of the death to be filed of record and served pursuant to the Kentucky Rules of Civil Procedure .

If a party dies during the pendency of an action, counsel representing the decedent shall notify all parties of the death by service of a statement of the fact of the death to be filed of record and served pursuant to the Kentucky Rules of Civil Procedure .

CRITICAL

Applies to

Affidavit of indigency

A petitioner or respondent claiming indigency and entitlement to appointed counsel must file an Affidavit of Indigency with the Clerk by the date specified in the order.

If the Petitioner/Respondent maintains that he/she is entitled to appointment of counsel as an indigent under KRS Chapter 31, then not later than 20. -, the Petitioner/Respondent shall file with the Clerk of this Court an Affidavit of Indigency

CRITICAL

Applies to

Order or decree

A new or modified order or decree providing for minor-child support must provide for an immediately effective wage assignment, absent good cause, based on the employer’s wage schedule and at least monthly.

Pursuant to KRS 403.215, any new or modified Order or decree which contains provisions for the support of a minor child or minor children shall provide for a wage assignment which shall begin immediately, except for good cause shown, and which shall be based upon the payment schedule of wages of the employer to whom the wage assignment is directed, and at a minimum, on a monthly basis.

CRITICAL

Applies to

Mediation preparation documents

Each party’s counsel or an unrepresented party must provide the mediator, at least five days before the mediation conference, a short statement defining the issues and special problems, along with information and documents the mediator requested.

Counsel for each party or a party, if unrepresented by counsel, shall no less than five (5) days prior to the mediation conferences, provide the mediator with the following documents: A short statement, including definition of the issues to be addressed by the mediator and a brief narrative statement of any special problems affecting the case (e.g. closely held corporation, medical problems of any family member, etc.) (b) All information and copies of all documents requested by the mediator prior to the mediation conference.

CRITICAL

Applies to

Mediation agreement

The final agreement must be typed, signed by all parties and their attorneys, and filed within ten business days unless the Court grants an extension.

A final typed draft of the agreement shall be completed, signed by all parties and their respective attorneys, and filed with the Court, within ten (10) business days unless an extension of time is granted by the Court.

CRITICAL

Applies to

Attorney fee motion

A party relying on a writing to establish entitlement to attorney fees must attach a copy with the applicable portion highlighted.

When a party seeking an award of an attorney's fee relies upon a writing to establish entitlement to the fee, a copy of the writing shall be attached with the applicable portion highlighted.

CRITICAL

Applies to

Pretrial diversion application

In applying for diversion, counsel must state and the defendant must agree on the record that, if diversion is granted, the defendant waives any right to a speedy trial or disposition of the charge.

In applying for pretrial diversion, counsel for the defendant must state, and the defendant must agree oil the record, that in the event diversion is -ranted, any right to a speedy trial or disposition of the charge against him/her is waived .

CRITICAL

Applies to

Guardian ad litem roster application

Complete the roster application and submit it with relevant documentation to the Warren Circuit Family Court Administrator.

Please complete the following application and submit this along with relevant documentation to the Warren Circuit Family Court Administrator.

CRITICAL

Applies to

Petition motion for order of protection

If the petition or motion needs more space, use a separate sheet and attach it.

* If additional space is needed please use a separate sheet of paper and attach to the Petition/Motion.

CRITICAL

Applies to

Emergency petition

*Must be signed by circuit clerk or other individual authorized by Court to provide and verify emergency petitions.

*Must be signed by circuit clerk or other individual authorized by Court to provide and verify emergency petitions.

CRITICAL

Applies to

Guardian ad litem roster application

Attorneys seeking roster appointment must submit the roster application to the Family Court Administrator with relevant supporting documents, including proof of Guardian ad Litem training.

Attorneys interested in being appointed to the Warren County Family Court Guardian ad Litem/Court Appointed Counsel Roster shall submit the Warren County Family Court Guardian ad Litem/Court Appointed Counsel Roster Application to the Warren County Family Court Administrator. Attorneys shall attach to the application any relevant documentation, including proof of completion of a Guardian ad Litem training. See Appendix A-7.

CRITICAL

Applies to

Motion or supporting memorandum

Cases from federal or foreign jurisdictions cited in a motion or supporting memorandum must be attached.

Cases from federal or foreign jurisdictions cited in motions or memoranda in support shall be attached .

CRITICAL

Applies to

Pleading

Must include

caption

All Family Court pleadings must use the applicable style and heading shown in the rule.

The style and heading of all pleadings filed in Family Court shall be in accordance with the following, as applicable:

CRITICAL

Applies to

Status conference request

A request for a status conference must state specifically why the conference is requested.

Any such request shall state with specificity why the Status Conference is being requested.

CRITICAL

Applies to

Petition motion for order of protection

Entries in the form's boxes must be complete, accurate, and legible.

ENSURE ENTRIES IN BOXES ARE COMPLETE, ACCURATE AND LEGIBLE TO ALLOW PROMPT ENTRY INTO LINK IF ORDER OR Law enforcement agency(ies) designated for service SUMMONS ISSUES, AND TO ENABLE THE COURT TO OBTAIN RESPONDENT'S DOMESTIC VIOLENCE AND CRIMINAL HISTORY.

CRITICAL

Applies to

Court review request

A party may request a review hearing at any time, but the request must clearly explain why a hearing is necessary and include any affidavits deemed appropriate.

Any party may request the Court to conduct a review hearing at any time. The party requesting the review shall provide a clear statement of why a review hearing is necessary and attach any affidavits deemed appropriate.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion involving a liquidated amount must include a certificate addressing service, the original obligation, payments and statutory deductions, the balance due, and any difference from the amount sought.

All motions for Default Judgment in claims involving a liquidated amount shall be accompanied by a Default Judgment Certificate as follows : DEFAULT JUDGMENT CERTIFICATE Plaintiff, by counsel, certifies that: 1) No papers have been served on plaintiff's counsel by the defendant(s) in default. 2) Defendant(s) were served on 3) The balance due the plaintiff is as follows: a) The amount of the original obligation is $ b) The amount paid by defendant(s) to be deducted from the original obligation is $ c) If the obligation contains pre-computed interest, and other pre- computed charges, the amount to be deducted by statute is d) The balance due from defendant(s) is $ e) If the balance due on line "d" above is different from the amount sought in the Default Judgment, the reason is:

CRITICAL

Applies to

Hearing appearance

If the Respondent and Petitioner have children, the Respondent must produce income tax returns, pay stubs, or employer statements at the court appearance if temporary child support is ordered.

If you and the Petitioner have children, you must produce at the court appearance income tax returns, pay stubs, or employer statements to document your income in the event temporary child support is ordered.

CRITICAL

Applies to

Pretrial conference filings

Pretrial conference filings must include pertinent motions, any stipulations or agreements, and a list of potential witnesses, exhibits, or documents.

Each party shall file the following documents at least seven (7) days prior to the Pretrial Conference Any pertinent motions; Any stipulations and/or agreements reached; A list of any potential witnesses, exhibits, or documents.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the cited 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 motion or other filing

Must include

case number

Every filed pleading, motion, or other paper must identify the case and provide the signer’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 e-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Voluntary termination of parental rights filing

The Petition for Voluntary Termination of Parental Rights must be filed with a motion and order scheduling the final trial.

Along with the Petition for Termination of Parental Rights, a motion to schedule final trial and Order scheduling final trial shall be filed with the Warren Circuit Clerk

CRITICAL

Applies to

Protective order petition

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition's Court Action section whether the action is a domestic violence action or an interpersonal protective order action.

The judge reviewing a petition for an order of protection shall indicate in the "Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

CRITICAL

Applies to

Child support order or modification

For any child support order or modification, the moving party must draft, file, and mail the appropriate AOC Form-152 Uniform Child Support Order.

It shall be the responsibility of the moving party to draft, file and mail the appropriate Uniform Child Support Order form propounded by the AOC Form-152 for any child support order or modification.

CRITICAL

Applies to

Temporary child support motion

A temporary child-support motion must include the appropriate affidavit and tendered order, specifically state good cause, and does not require a hearing unless the adverse party moves for one under KRS 403.160(2)(b).

A KRS 403.160(2)(b) motion to establish temporary child support shall be accompanied with the appropriate affidavit, and tendered Order. See Appendix A-12. Any motion to establish temporary child support shall state with specificity "good cause" and shall not require a hearing, the adverse party may file a motion for a hearing pursuant to KRS 403.160(2)(b).

CRITICAL

Applies to

Expense submission

If adoptive parents paid expenses for the biological parents, the expenses must be submitted to the Court with a detailed affidavit for approval or modification.

• Did the adoptive parents pay any expenses for the biological parents? If yes, were the expenses submitted to the Court, supported by an affidavit, setting forth in detail a listing of the expenses for the Court's approval or modification? KRS 625.0405(2)

CRITICAL

Applies to

Final hearing

A final hearing may be scheduled if the Guardian ad litem’s report, if any, has been filed.

If yes, a final hearing may be scheduled if the report by the Guardian ad litem, if any, has been filed.