Edmonson County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Dispositional hearing submission

At the dispositional and six-month FCRPP 30 hearings, CHFS must provide the required AOC form information, a suggested parenting plan, and an explanation of proposed visit restrictions after citing specific findings.

At the dispositional hearing and the FCRPP 30 hearing (6 month), the Cabinet for Health and Family Services shall provide the court and all parties with the information required pursuant to FCRPP 28 by completing AOC For DNA-12. In addition, CHFS shall provide a suggested parenting plan, and after citing specific findings, an explanation of any proposed court-ordered restrictions to be placed on the visits. See WFCR 202E(2)

CRITICAL

Applies to

Child support motion

Every motion for child support must be accompanied by the appropriate Uniform Child Support Order, AOC-152.

All motions for child support shall be accompanied by the appropriate Uniform Child Support Order. See AOC-152.

CRITICAL

Applies to

Mediation agreement

A mediation agreement must be written and signed by the parties; the parties draft it, though the mediator may help with their consent.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.

CRITICAL

Applies to

Exhibit

An exhibit not already of record that is referred to in a filed pleading, motion, or other paper must be filed.

If any exhibit not already of record is referred to in a pleading, motion, or other papers filed with the court, it shall be filed and served upon the opposing party.

CRITICAL

Applies to

Attorney fee motion

Counsel’s affidavit supporting an attorney-fee award must identify the supporting statute or other authority.

The affidavit must also disclose the statute or other authority in support of the requested award of an attorney's fee.

CRITICAL

Applies to

Disclosure statement

For an unknown amount, write “unknown”; for an inapplicable question, write “n/a.”

If an amount is unknown, write unknown, if the question is inapplicable, write n/a.

CRITICAL

Applies to

Adoption report

Agency placement does not eliminate the need for a KRS 199.510 report from the Cabinet or its or the Court’s designee.

Note - Placement by one of the above agencies does not alleviate the need of a report, as required by KRS 199.510, from the Cabinet or a designee chosen by the Cabinet or the Court.

CRITICAL

Applies to

Motion to submit for decree of dissolution

A motion to submit an agreed dissolution decree must contain the listed dates and attachments, subject to the stated conditions for waived disclosures, court-ordered class certificates, and previously filed documents.

The motion shall contain the following information and attachments pursuant to FCRPP 3(1)(a)(i): The date of marriage and separation; The date the petition for dissolution was filed; The date the respondent was served or filed an entry of appearance; (4) The dates the verified disclosures were filed unless otherwise waived by the court (if waived reference the date of the court's waiver order); (5) 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 elin party, unless previously filed (if so, indicate date of (6) A copy of the separation agreement, unless previously filed (if so, indicate date of filing); A written deposition executed under oath by either party setting forth testimony required at a hearing; (8) 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); (9) A request for name restoration, if any, in writing.

CRITICAL

Applies to

Motion requiring evidentiary hearing

Each motion requiring an evidentiary hearing must include the legal grounds and authority for the requested hearing.

Each motion shall include the legal grounds and authority for the requested hearing.

CRITICAL

Applies to

Packet of process

Upon filing a juvenile petition, the clerk must issue a process packet containing the petition, parents’ rights statement, any Emergency Custody Order, summons, Guardian ad Litem Order, and the specified forms.

Upon the filing of a juvenile petition in the Juvenile Court Clerk's Office, a Clerk shall enter the case into the management information system, assign a case number, prepare the Guardian ad Litem appointment order, and issue a packet of process. The packet of process shall include a copy of the petition, a statement of the rights of the parents, a copy of the Emergency Custody Order if one was issued, the original summons, the Guardian ad Litem Order, and an affidavit of indigency form, AOC DNA-11 form, as required by FCRPP 18.

CRITICAL

Applies to

Waiver of counsel

If a party has retained counsel prior to mediation, but the party chooses to enter into a mediation without the services of counsel, then the party shall sign and exccute a written waiver of counsel prior to entering into any mediation sessions without counsel, while also providing notice to said counsel prior to the mediation sessions.

If a party has retained counsel prior to mediation, but the party chooses to enter into a mediation without the services of counsel, then the party shall sign and exccute a written waiver of counsel prior to entering into any mediation sessions without counsel, while also providing notice to said counsel prior to the mediation sessions.

CRITICAL

Counsel shall stipulate as much income information as possible.

Counsel shall stipulate as much income information as possible.

CRITICAL

Applies to

Order of pretrial diversion

The diversion order must state whether diversion is supervised or unsupervised and include supervision fees when applicable.

2) Whether the diversion shall be supervised or unsupervised (and include supervision fees. if applicable).

CRITICAL

Applies to

Motion

A motion to procure a contempt show-cause order must be supported by a sufficient affidavit showing the applicant is entitled to the order.

(A) A motion supported by a sufficient affidavit showing that applicant is entitled to the order must be filed .

CRITICAL

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the appointment basis, hours and fee, and disposition information.

Motions for compensation shall be accompanied by an affidavit detailing: The statutory basis for appointment; The hours of service rendered and the hourly fee requested; and That the action or proceeding has been concluded and date of disposition.

CRITICAL

Applies to

Filing containing personal identifiers

Parties must tender an order sealing the unredacted copy along with that copy.

Parties shall also tender an order sealing the unredacted copy with the unredacted copy of the pleading, document, or exhibit containing personal identifiers.

CRITICAL

Applies to

Petition for order of protection

The reviewing judge must indicate in the petition’s Court Action section whether the resulting 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

CRITICAL

Applies to

Child support worksheet

Each party must provide the Family Court, immediately before a child support hearing, a completed worksheet consistent with the evidence the party intends to introduce.

Each party shall furnish to the Family Court immediately prior to any child support hearing a completed worksheet for Monthly Child Support Obligations conforming to the proof the party intends to introduce.

CRITICAL

Applies to

Motion

Confidential court video records may be released only by specific written order, requested through a written motion stating the purpose and giving notice to all parties, including any child’s Guardian ad Litem, subject to the stated statutory exception.

The Warren Circuit Clerk's video office shall not release any copies of Warren Circuit Court confidential video records, without a specific written order from the presiding Family Court Judge. An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian ad Litem, if any, and set forth the purpose of the request. Except that, pursuant to KRS 610.340(2), this shall not apply to public offenders or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as

CRITICAL

Applies to

Scheduling order

A separate Scheduling Order must be tendered to the appropriate Clerk, who will schedule the hearing or request immediate review under the Domestic Violence Protocol.

A separate Scheduling Order shall be tendered to the appropriate Clerk who shall complete the Order by scheduling the motion for hearing according to the calendar established by the Family Court Judge or request immediate review by the Court in accordance with the Domestic Violence Protocol.

CRITICAL

Applies to

Motion to withdraw

A motion to withdraw must satisfy one of the stated requirements for client consent and substitute counsel, or notice to the client and good cause with court consent.

An attorney of record shall move for permission to withdraw as counsel for a party only (i) upon the attorney's written request with the written consent of the attorney's client and the entry of appearance of a substitute attorney of record, or (ii) upon the attorney's written request with notice to the client and a showing of good cause with the consent of the court and upon such terms as the court shall impose .

CRITICAL

Applies to

Answer or report

Within 60 days of appointment, the Guardian ad Litem or military attorney must file either an answer on the Respondent’s behalf or a report.

. 1. Within sixty (60) days of the appointment, the Guardian ad Litem for incarcerated adult or military attorney shall either file an answer on behalf case that the Respondent is unable to present a defense if applicable in that of the Respondent or a report stating that after careful examination of the

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

Pretrial compliance

The Pretrial Compliance must address mediation status, disputed issues, stipulated facts, witnesses, exhibits, marital and non-marital property, marital debts, and the proposed division of property and debts.

(-) A statement of the status of mediation; (2) A concise statement of each general issue in dispute; (3) Stipulated facts; (4) Witnesses to be called; (5) Exhibits to be introduced which shall be pre-marked for identification; (6) List of marital property with values; (7) List of non-marital property with reasons; (8) List of marital debts with balances; and (9) Proposed division of marital property and debts.

CRITICAL

Applies to

Conditional commonwealth recommendation

If it recommends 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 ofconditions for the pretrial diversion, as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3).

CRITICAL

Applies to

Disclosure statement

If maintenance or property distribution is at issue, use the full Mandatory Disclosure Form.

If maintenance is an issue or there are property distribution issues, please proceed to use the full Mandatory Disclosure Form.

CRITICAL

Applies to

Final verified disclosure statement

Subject to WFCR 703C.(2)(e), if the parties do not reach an Verified Disclosure Statements in the record no less than 10 days agreement on any or all issues, the parties shall file AOC-239 Final before the final hearing.

Subject to WFCR 703C.(2)(e), if the parties do not reach an Verified Disclosure Statements in the record no less than 10 days agreement on any or all issues, the parties shall file AOC-239 Final before the final hearing.

CRITICAL

Applies to

Motion for hearing

A motion for a hearing must be accompanied by the affidavit.

The motion for a hearing shall be accompanied by the affidavit..

CRITICAL

Applies to

Motion for rule of contempt

A motion for Rule of Contempt must state its factual basis and be accompanied by an affidavit stating that basis.

a. Motions for Rule of Contempt shall sufficiently set forth the factual basis for the motion and shall be accompanied by an affidavit sufficiently setting forth the factual basis for the motion.

CRITICAL

Applies to

Adoption judgment

The separate Judgment of Adoption must change the child's name to conform to the petition's prayer.

In the separate Judgment of Adoption, the name of the child shall be changed to conform with the prayer of the petition, pursuant to KRS 199.520.

CRITICAL

Applies to

Order of pretrial diversion

The diversion order must require the defendant to obey all rules and regulations imposed by Probation and Parole.

4) Require defendant to obey all rules and regulations imposed by Probation and Parole .

WARNING

Applies to

Hearing income documentation

If possible, the petitioner will document both parents’ income at the hearing using tax returns, pay stubs, or employer statements.

I will, if possible, document income of both parents at the hearing by producing income tax returns, paystubs or employer statements.

WARNING

Applies to

Tendered order

A motion may include a tendered order, which must identify the relief granted and list in the lower left corner the attorneys who should receive copies; an out-of-town attorney's or pro se litigant's complete address must also be included.

All motions may be accompanied by a tendered order. Tendered orders shall bear headings designating the relief granted and shall designate in the lower left corner all attorneys to whom copies shall be sent. If the attorney is from out of town or is a pro se litigant, their complete address must be listed in the tendered order.

WARNING

The mediator may require the parties to submit a confidential case statement or other materials reasonably considered appropriate for the mediation conference.

The mediator may require the parties to submit a confidential statement of the case or other materials that the mediator may reasonably believe appropriate for efficiently conducting the mediation conference .

WARNING

Applies to

Guardian ad litem report

A GAL should submit an oral or written report to the court when ordered.

A GAL should submit, as ordered, an oral or written report to the court.

WARNING

Applies to

Petition motion for order of protection

If the petitioner and respondent have minor children, the petitioner must complete the section about those children.

3. If Petitioner and Respondent have minor children, complete the following:

WARNING

Applies to

Statement of objections

If an evidentiary hearing is requested, the statement of objections should contain the number of witnesses to be presented and a brief synopsis of their testimony .

If an evidentiary hearing is requested, the statement of objections should contain the number of witnesses to be presented and a brief synopsis of their testimony .

WARNING

Applies to

Protective order petition

Attach a separate sheet of paper if additional locations need to be listed.

If you need to list additional locations, please attach separate sheet of paper.

WARNING

Applies to

Necessary pleadings and papers

A GAL should file all necessary pleadings and papers

A GAL should file all necessary pleadings and papers

WARNING

Applies to

Agreed order

After notice of a civil settlement, the court enters an order dismissing the case without prejudice, and counsel may later tender an agreed order dismissing it with prejudice.

Upon notice that a civil case has settled, the court will enter its own "Order of Dismissal (Case Reported Settled)," which dismisses the action, "without prejudice," and strikes the case from the court's active docket. Counsel may subsequently tender an agreed order to the court, dismissing "with prejudice."

WARNING

Applies to

Certificate of completion

a party not designated as the primary residential custodian may be denied visitation or co- parenting with their minor child until the party files a certificate of completion of the Parents Education Clinic.

a party not designated as the primary residential custodian may be denied visitation or co- parenting with their minor child until the party files a certificate of completion of the Parents Education Clinic.

WARNING

Applies to

Mandatory case disclosures

Mandatory Case Disclosures need not be filed in an agreed action if the Court waives them.

2. Mandatory Case Disclosures are not required to be filed in agreed actions if waived by the Court.

WARNING

Applies to

Application

Applicants must attach relevant documentation to their application.

* Please attach relevant documentation.

WARNING

Applies to

Motion for appropriate relief

If a GAL believes services are not being provided in a timely manner, or if he/she believes the family has failed to take advantage of these services, or if the GAL believes the services are not accomplishing their purpose, he/she should file a motion for appropriate relief.

If a GAL believes services are not being provided in a timely manner, or if he/she believes the family has failed to take advantage of these services, or if the GAL believes the services are not accomplishing their purpose, he/she should file a motion for appropriate relief.

WARNING

Applies to

Forms

The court recommends using the most current forms.

It is important to use the most current forms.

WARNING

Applies to

Petition motion for order of protection

If more space is needed, use a separate sheet of paper and attach it to the Petition/Motion.

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

WARNING

Applies to

Bond

If the affidavit does not allow the court to determine military-service status, the court may require the petitioner to file a bond before judgment.

If, based upon the affidavit filed in an action, the Court is unable to determine whether the Respondent is in military service, the Court, before entering judgment, may require the Petitioner to file a bond pursuant to 50 App. U,S.C. § 521(b)(3).

WARNING

Applies to

Protective order petition

Attach a separate sheet of paper if additional names need to be listed.

If you need to list additional names, please attach separate sheet of paper.

WARNING

Applies to

Petition

Must include

caption

The checklist verifies that the petition is styled “In the interest of …, a child.”

• Is the petition styled In the interest of , a child? KRS 625.040(1)

WARNING

Applies to

Application

Applicants answering yes to any of the four previous questions must provide full details on a separate sheet.

(If your answer is yes to any of the four previous questions, please provide full details on a separate sheet, including any information you believe may be helpful to the Guardian ad Litem/Court-Appointed Counsel Committee in evaluating your application.)