Edmonson County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Military service affidavit

Before default judgment, the petitioner must file an affidavit stating the respondent’s military-service status, supporting facts, and any inability to determine that status.

Before any judgment by default will be entered against any Respondent, the Petitioner must file with the court an affidavit stating whether or not the Respondent is in military service and showing necessary facts to support the affidavit. If the Petitioner is unable to determine whether or not the Respondent is in military service, the affidavit shall so state.

CRITICAL

Applies to

Pleadings motions orders and other papers

All later filings in the case must identify the division in which they are to be filed.

Thereafter, pleadings, motions, orders, and all papers in the case shall identify the division in which they are to be filed.

CRITICAL

Applies to

Stay motion or hearing request

A military attorney’s stay motion or hearing request must include an affidavit explaining how service affects the defense and providing the listed assignment, address, leave, and other relevant information.

Motions and requests for a hearing for a stay of proceedings submitted by military attorneys shall be supported by an affidavit containing specific reasons why the military Respondent's service materially affects his ability to conduct his defense. The affidavit shall include: present duty station and expected duration of present military assignment, if known; residential address, if different from duty station address; C. accrued leave to which Respondent is entitled and number of days of leave which accrue to the Respondent each month; and d. any other information of a similar nature which would affect the Respondent's ability to defend the action.

CRITICAL

Applies to

Revised final hearing submission

If the Court requires revisions, the Petitioner must tender revised findings and a separate judgment within three business days after the Final Hearing.

Should the Court require revisions, the Petitioner shall tender a revised Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights within three (3) business days following the Final Hearing for the Court's entry.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Paternity judgment

A paternity judgment may not designate custody unless custody is asserted in the petition and a proper motion, notice, and opportunity are provided; the excerpt ends mid-phrase.

No designation regarding custody shall be included in a paternity judgment unless custody is specifically asserted in the petition and there is first a proper motion with proper notice and opportunity to be

CRITICAL

Applies to

Mediator qualification verification

If the parties select a mediator who is not court approved or certified, they must provide verification of the mediator’s qualifications to the Mediation Review Committee for approval.

If the parties select a mediator that is not court approved or certified, then the parties shall If the parties provide verification of the qualifications of the mediator to the Mediation Review Committee designated in WFCR 707B for approval

CRITICAL

Applies to

Final hearing submission

The Petitioner must tender proposed findings and conclusions and a separate adoption or termination judgment at least three business days before the Final Hearing.

No later than three (3) business days prior to the Final Hearing, the Petitioner shall tender a proposed Findings of Fact and Conclusions of Law and a separate Judgment of Adoption or Termination of Parental Rights for entry by the Court.

CRITICAL

Applies to

Petition

A rejected petition goes to a Family Court Judge for legal-sufficiency review; a petition without grounds is dismissed, while an approved petition is initialed and returned to the clerk for scheduling.

If the petition is rejected by the county attorney, it shall be submitted to a Family Court Judge for determination of legal sufficiency. If the judge determines that the petition fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is approved, the assistant county attorney or judge, as appropriate, shall initial the petition and return to the clerk for scheduling.

CRITICAL

Applies to

Disclosure statement

Complete every section of the form.

All sections must be completed.

CRITICAL

Applies to

Motion

() The motion shall contain the following information and attachments: (i) The date of marriage and separation; (її) The date the petition for dissolution was filed; (iii) The date the respondent was served or filed an entry of appearance; (iv) The dates the verified disclosures were filed unless otherwise waived by the court (if waived reference the date of the court's waiver order); (V) If the parties have minor children of the marriage, and if ordered by the court, copies of certificates of completion of divorce education/parenting class by each party, unless previously filed (if so, indicate date of filing); (vi) A copy of the separation agreement, previously filed (if so, indicate date of filing); unless A written deposition executed under oath by either party setting forth testimony required at a hearing; A written waiver of the right to a hearing executed by both parties and an affidavit stating that the parties have lived apart for sixty (60) days, and that no material change in circumstances has occurred since the taking of proof (this requirement may be included in the separation agreement); A request for name restoration, if any, in writing;

() The motion shall contain the following information and attachments: (i) The date of marriage and separation; (її) The date the petition for dissolution was filed; (iii) The date the respondent was served or filed an entry of appearance; (iv) The dates the verified disclosures were filed unless otherwise waived by the court (if waived reference the date of the court's waiver order); (V) If the parties have minor children of the marriage, and if ordered by the court, copies of certificates of completion of divorce education/parenting class by each party, unless previously filed (if so, indicate date of filing); (vi) A copy of the separation agreement, previously filed (if so, indicate date of filing); unless A written deposition executed under oath by either party setting forth testimony required at a hearing; A written waiver of the right to a hearing executed by both parties and an affidavit stating that the parties have lived apart for sixty (60) days, and that no material change in circumstances has occurred since the taking of proof (this requirement may be included in the separation agreement); A request for name restoration, if any, in writing;

CRITICAL

Applies to

Order

Counsel must tender an order for FCRPP 36 review hearings in the related juvenile proceeding unless permanency has already been obtained at final determination.

If an Order terminating parental rights is entered, review hearings shall be conducted pursuant to FCRPP 36 in the related juvenile proceeding, and counsel in the termination action shall tender an Order to the Court to this effect. No such review shall be required if permanency has been obtained at the time of the final determination.

CRITICAL

Applies to

Case data information sheet

In cases involving minor children, the Case Data Information sheet on Form AOC-FC-3 must be fully completed.

A Case Data Information sheet on Form AOC-FC-3 must be fully completed in cases involving minor children.

CRITICAL

The commonwealth's attorney shall make a motion to the court to have any property declared contraband or forfeited property as permitted by the statute and make a recommendation to the court regarding how the exhibits can be disposed .

The commonwealth's attorney shall make a motion to the court to have any property declared contraband or forfeited property as permitted by the statute and make a recommendation to the court regarding how the exhibits can be disposed .

CRITICAL

After the retention period expires, the exhibits must be delivered to the Commonwealth's attorney, who must review them and move for the court to determine which are contraband or forfeited.

After the time period has expired, all exhibits shall be delivered to the commonwealth's attorney who shall review the exhibits and make a motion to the court as to which exhibits shall be declared contraband and which exhibits shall be declared forfeited under the applicable statutes .

CRITICAL

Applies to

Order of dismissal

If a settled case was scheduled for trial, the dismissal order must state the trial date and that the date is remanded from the court's docket.

If the case which is settled has been scheduled for trial, then the order entered dismissing the case as settled shall state when the case is set for trial and that said trial date is remanded from the court's docket.

CRITICAL

Applies to

Disclosure statement

Use this form only in response to AOC-238 or AOC-239.

**This form to be used only in response to AOC-238 or AOC-239**

CRITICAL

Applies to

Stay motion

A military attorney must file a motion to stay proceedings when military service materially affects the respondent’s defense.

The duties of a military attorney include the filing of a motion for stay of proceedings where the conduct of the military Respondent's defense is materially affected by reason of the Respondent's military service.

CRITICAL

Applies to

Motion

A motion for temporary maintenance, or a matter in which permanent maintenance is at issue, must comply with the cited statutes and include an appropriate affidavit or verified petition stating the amount requested.

Any motion for temporary maintenance, or when 403.160, or KRS 403.150(2)(e) & (f), including the appropriate affidavit or permanent maintenance is an issue, shall be in strict compliance with KRS verified petition setting forth the amount requested.

CRITICAL

Applies to

Adoption petition

The checklist calls for the petitioner to tender proposed findings of fact and conclusions of law and a separate judgment of adoption.

Has the petitioner tendered a proposed Findings of Fact, Conclusions of Law and a separate Judgment of Adoption?

CRITICAL

Applies to

Motion for rule of contempt

The party filing a Motion for Rule of Contempt must file with it a proposed Rule of Contempt citing applicable case law.

b. The party filing the Motion for Rule of Contempt shall file with the motion a proposed Rule of Contempt (previously referred to as "Show Cause Order") which cites the applicable case law. See Appendix A-11.

CRITICAL

Applies to

Motion not requiring evidentiary hearing

A motion that does not require an evidentiary hearing must include the specified statement in its style and heading.

Specify in the style and heading of the pleading "This Motion Does Not Require An Evidentiary Hearingi

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

A discovery motion must include a Certificate of Counsel confirming that counsel conferred and could not resolve the dispute; the certificate should detail their resolution attempts.

The moving party shall attach to the motion a Certificate of Counsel that counsel have conferred and that they have been unable to resolve their differences. The certificate should detail the attempts of counsel to resolve the dispute.

CRITICAL

Applies to

Interrogatory answer request for admission or objection

Answers to interrogatories or requests for admission, and objections, must place the question or request immediately before the answer or objection.

When answering interrogatories or request for admissions, or in filing objections, the replying party shall include the question or the request made immediately preceding the answer or objection.

CRITICAL

Applies to

Termination order

If parental rights were previously terminated, the checklist calls for certified copies of the termination order to be filed.

DYes • No If yes, have certified copies of the termination order been filed as required? KRS 199.490(2)

CRITICAL

Applies to

Petition

Petitions filed by non-Cabinet workers must comply with FCRPP 20 and be submitted to the Warren County Attorney for legal-sufficiency review.

For Petitions filed by non-Cabinet for Health and Family Service workers, all petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the Warren County Attorney, who shall check the petition for legal sufficiency.

CRITICAL

Applies to

Hearing appearance

A self-employed Respondent must produce receipts and expense statements at the court appearance.

If you are self-employed, you must produce receipts and expense statements.

CRITICAL

Applies to

Roster recommitment letter

The annual recommitment letter must state the member's intent to continue and include proof of at least three hours of relevant Continuing Legal Education credit.

By August 1 of each year, roster members shall submit to the Family Court Staff in writing a letter of intent to continue on the roster. Roster members shall attach to the letter proof of at least three hours of Continuing Legal Education credit relevant to practice as a member of the Guardian ad Litem/Court-Appointed Counsel roster.

CRITICAL

Applies to

Attorney fee motion

When the applicable statute is KRS 411.195, the affidavit must show that the enforcing party paid or agreed to pay the requested attorney fee.

If the applicable statute is KRS 411 .195, then the affidavit must also contain a showing that the requested attorney's fee was actually paid, or was agreed to be paid, by the party enforcing the written obligation.

CRITICAL

Applies to

Summons

The summons must explain the consequences of termination, the need to respond immediately, and how to find hearing times and locations.

The summons in the action shall include a statement that termination of parental rights means loss of all rights to custody, co-parenting and communication with the child, and that if termination is granted, the parent will receive no notice of future legal proceedings concerning the child; an explanation of the need to respond immediately to the notice to prepare for trial because important hearings will take place prior to trial; and an explanation of how to find the time and place of hearings in the case.

CRITICAL

Applies to

Protective order petition

Protective-order petitions must be completed and signed on form AOC-275.1 and 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

Military income documentation

A party with military income must provide the opposing party documentation verifying total pay and separately setting forth each allowance.

Any party who has income from any branch of the military shall provide to the opposing party documentation verifying his/her total pay, with each allowance specifically set forth, at least seven (7) days prior to any hearing.

CRITICAL

Applies to

Cr 78 2 response

An opposing party seeking a hearing on a CR 78(2) motion must request it in a written response and set the motion for hearing with proper notice to the movant and all counsel of record or any unrepresented party.

Should the party opposing the motion under rule CR 78(2) wish to have a hearing on the motion, the party opposing the motion must so state in a written response, and proceed to set the motion for a hearing, provided proper notice is afforded to the movant and all counsel of record (or party if not represented by counsel) .

CRITICAL

Applies to

Order for attorneys fees

For appointments under KRS 620.100, the Guardian ad Litem or court-appointed counsel must submit an Order for Attorneys Fees on form FINGAL-1.

For appointments pursuant to KRS 620.100 the Guardian ad Litem and Court- appointed counsel shall submit an Order for Attorneys Fees on Finance and Administration form FINGAL-1.

CRITICAL

Applies to

Protection order

Use AOC 152 if child support is ordered.

(AOC 152 shall also be used if child support is ordered.)

CRITICAL

Applies to

Coverage request

A coverage request must be in writing, addressed to the presiding judge, filed with the court administrator, and specify whether it covers the entire proceeding or selected portions.

Requests for coverage shall be filed not later than four (4) business days prior to commencement of the trial or other proceeding ("proceeding") sought to be covered, and shall specify whether the request applies to the entire proceeding or only selected portions thereof. Requests for coverage shall be in writing, addressed to the presiding judge, and filed with the court administrator in the Warren County Justice Center.

CRITICAL

Applies to

Written commonwealth recommendation

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

The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2).

CRITICAL

Applies to

Order of pretrial diversion

The diversion order must include restitution when applicable.

The Order of Diversion shall include : 1) Restitution. if applicable .

CRITICAL

Applies to

Motion requiring evidentiary hearing

A motion requiring an evidentiary hearing must state the anticipated hearing length.

All motions requiring an evidentiary hearing shall state the length of time anticipated for the hearing.

CRITICAL

Applies to

Subpoena request

A subpoena and release order for psychiatric or other privileged records may issue only upon the requesting party’s motion, notice to all parties, and an opportunity to object.

b. Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the Family Court upon motion by the requesting party with notice to all parties and an opportunity for objection.

CRITICAL

Applies to

Disclosure statement

Attach the three most recent pay stubs from each employer, a complete copy of the last federal tax return, and the first page of the state tax return.

Thave attached: 1. My three most recent pay stubs from each employer 2. A full and complete copy of my last Federal Tax Retur 3. First page of my State Tax Return

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

Order or judgment adopting mediation settlement agreement

Petitioner’s counsel must tender an order or judgment adopting the Mediation Settlement Agreement.

An Order or Judgment adopting the Mediation Settlement Agreement shall be tendered by petitioner's counsel.

CRITICAL

Applies to

Updated financial disclosure statement

Each party’s counsel or an unrepresented party must file an updated financial disclosure statement at least five days before the mediation conference and provide a copy to the mediator.

Counsel for each party or a party, if unrepresented by counsel, shall file, no less than five (5) days prior to the mediation conference, an updated financial disclosure statement, a copy of which shall be provided to the mediator.

CRITICAL

Applies to

Motion

The temporary child support motion includes a child support calculation as Exhibit 1 based on the Petitioner's best estimates of the parties' income.

The Petitioner attaches hereto as Exhibit 1 a child support calculation based upon his/her best estimates regarding income of the parties.

CRITICAL

Applies to

Motion

A child’s in-chamber interview video may be released only under a specific written order, and a request for that order must be made by motion identifying the requested interview portion and the request’s purpose.

Pursuant to FCRPP 17, the Warren Circuit Clerk's video office shall not release any Warren Circuit Family Court video in-chamber interview with a child without a specific written order of a Family Court Judge. An individual requesting a judicial order must file a motion 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

Petition

The petition must comply with the specified statutes and assert all mandatory allegations.

The petition shall be in strict compliance with KRS 199.490, 625.040 or 625.050, and counsel is directed to review said statutes to ensure that all mandatory allegations are properly asserted.

CRITICAL

Applies to

Certificate of completion

Parties must file their Parents Education Clinic certificates of completion before the divorce proceeding concludes.

The parties shall file their certificates of completion prior to the conclusion of the divorce proceeding.

CRITICAL

Applies to

Income documents

If the parties have children, the respondent must bring income documentation to the hearing if temporary child support is ordered; a self-employed respondent must also bring receipts and expense statements.

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. If you are self-employed, you must produce receipts and expense statements.

CRITICAL

Applies to

Attorney fee motion

Each attorney-fee motion must include counsel’s affidavit detailing the services, service providers, hours, total hours, and suggested hourly compensation.

All motions for an attorney's fee shall be accompanied by an affidavit of counsel setting forth in detail the dates of the services rendered, the exact nature of the service rendered on each date, the names of the person rendering the service (if paralegal or someone other than counsel of record), and number of hours (or fractions thereof) rendered by each person for service rendered on each date. The number of hours shall be totaled, and a suggested reasonable amount of compensation per hour shall be set forth.