Elliott County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

When applying for diversion, counsel must state and the defendant must agree on the record that granting diversion waives the defendant's right to a speedy trial or disposition of the charge.

B. 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

Mediation outcome report

At the conclusion of mediation, the mediator must report its outcome to the court without comment.

At the conclusion of mediation, the mediator shall report without comment to the Court the outcome of the mediation.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue 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

AOC-DNA-11 Financial Statement, Affidavit of Indigence, Request for Counsel and Order

A parent seeking appointment of an attorney as an indigent must submit the AOC-DNA-11 financial statement, affidavit, request for counsel, and order.

The Court shall assign Guardian Ad Litems and, if the parent(s) qualifies as an indigent after submittal of the AOC-DNA-11, Financial Statement, Affidavit of Indigence, Request for Counsel and Order, a parent attorneys to each case in order to facilitate consistent, high-quality advocacy representation of all parties.

CRITICALCriminal cases

Applies to

Speedy trial waiver

Upon approval to participate, the defendant must sign a speedy-trial waiver and must have the opportunity to consult an attorney beforehand if desired.

Upon approval for participation in the Program, the defendant must sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the defendant shall be given the opportunity to consult with an attorney if he or she so desires.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue 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

Trial setting order

Trials outside the regular jury calendar, and trials without a jury, must be set by court order specifying the case style, date, time, and place.

All other trial by jury other than as set out in Rule 1, shall be held only by orders of the Court setting out the style of the case, date, time and place to be held . All trials to be heard by the Court ,vithout a jury, shall be docketed and set for trial under the same procedure as set out in Rule 2 above .

CRITICAL

Applies to

Notice for final hearing

The petitioner's attorney must complete an adoption checklist upon filing the petition and attach it to any notice for final hearing.

Upon filing of a Petition for Adoption the attorney for the petitioner shall complete a checklist and attach to any notice for final hearing. The checklist can be obtained from the Circuit Clerk's Office.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the sentence 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 . KRS 533 .252(3) .

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapters 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.

A. 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

CRITICALCriminal cases

Applies to

Commonwealth written recommendation

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

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

CRITICALCriminal cases

If the county attorney refuses consent to diversion, the county attorney must state the reasons on the record.

If the county attorney refuses to consent to a defendant's participation in the Program, he or she shall state on the record the reasons therefore.

CRITICALCriminal cases

Applies to

Pretrial report

After the diversion contract is completed, the Pretrial officer must submit the contract and a report to the trial judge for approval, and the report must contain the specified eligibility information.

Following completion of the diversion contract, the Pretrial officer shall submit a pretrial report and the contract for approval to the trial judge. The report shall contain basic pretrial information, a record of any past offenses and conviction, a record of any prior participation in the diversion program or similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the Program.

CRITICAL

Applies to

Motion

A person seeking an order for confidential video records must file a written motion stating the request’s purpose and give notice to all parties, including any child’s Guardian Ad Litem.

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 for the request.

CRITICAL

Applies to

Petition

Protective-order petitions under KRS Chapters 403 or 456 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

A petition must cite the specific statute and jurisdictional facts and provide full information about the child's parents and their addresses.

Any petition filed with the Court shall comply with the following conditions: 1. Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Full information concerning the child's parents and their address(es).

CRITICAL

Applies to

Written explanation

A person seeking an order for a child’s in-chamber interview video must provide a written explanation identifying the requested portion and the specific purpose of the request.

An individual requesting a judicial order must provide the Family Court Judge a written explanation for the request, which specifically interview with a child and specific purpose for the request. indicates the portion of the video record being requested, is an in-chamber

CRITICALCriminal cases

Applies to

Order

The trial judge must enter an order reflecting the determination whether to terminate or modify the contract.

The trial judge shall enter an order reflecting said determination.

CRITICALCriminal cases

Applies to

Diversion contract

After referral, the defendant must meet with a Pretrial officer to establish a contract specifying its conditions, services, length, and any required restitution or community service.

Upon referral to the Program, the defendant shall meet with a Pretrial officer to establish a formal contract which specifies the court ordered conditions, the referral services to be used, the length of the contract, and, if required the need for the defendant to make restitution or perform community service.

CRITICALCriminal cases

Applies to

Pretrial diversion order

A diversion order must address restitution if applicable, supervision status and applicable fees, duration, compliance with Probation & Parole rules, and the required conduct and other conditions.

The Order of Diversion shall include : 1. Restitution, if applicable . 2. Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) . 3 . Duration of the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation & 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

Trial memorandum

When requested by the court, both parties must file trial memoranda addressing the listed facts, issues, arguments, requested relief, trial materials, and mediation status if applicable.

When requested by the Court, both Petitioner and Respondent shall file a trial memoranda with the Court which address the following: A. A summary of the general fact; B. A statement of any stipulated facts; C. A concise statement of each general issue (both factual and legal) in dispute; D. Argument with ample supportive citations of authority pertinent to any unusual or unique issues or fact and/or law; E. Conclusions setting forth the specific relief sought from the Court, and in particular an itemized listing of the personal property that the Petitioner/Respondent would like the Court to award to him or her; F. Updated witness lists, trial exhibits, etc.; G. A statement of the status of mediation (if applicable).

CRITICAL

At the dispositional hearing, CHFS must provide the court with the required information by completing form DNA 12.

At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12.

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.

E. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. 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

Pleading motion or other filed paper

Must include

case number

Every filed pleading, motion, or other paper must include the case number and the signer’s typed or printed name, address, and telephone number.

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 and telephone number of the attorney or party signing the paper.

CRITICAL

Applies to

Dispositional hearing statement

If siblings have been separated, CHFS must explain the reasons for the separation.

if the siblings have been separated, CHFS shall explain the reasons for the separation.

CRITICAL

Applies to

Petition for order of protection

The 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.

B. 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

Status quo order motion

For the described status quo order procedure, the motion is filed with the petition, requests entry of the AOC 237 order, and states that the respondent has ten days to object.

if a Motion for a Status Quo Order is filed with the Petition which requests entry of the AOC 237, Status Quo Order, and which states that the Respondent has ten days to file any objection to entry of the Order

CRITICAL

Applies to

Appearance waiver or agreement

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before a notary.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a notary.

CRITICAL

Applies to

Statement

An attorney seeking access to a paternity file must sign a statement limiting what information may be shared with the client.

the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client and that all other information in the case cannot be disclosed to the client

CRITICAL

Applies to

Protective order petition

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 456.

CRITICAL

Applies to

Agreement and agreed order

All agreements and agreed orders must contain the correct mailing addresses for the attorneys and parties.

All agreements and Agreed Orders shall contain the correct mailing addresses for the attorneys and parties.

WARNING

Applies to

Paternity case file access request

To obtain access to a paternity case file for representation, an attorney must provide a statement seeking permission or the party must provide a signed and notarized release authorizing inspection.

Upon receipt of the Circuit Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Circuit Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.

WARNING

Applies to

Filed paper

A rubber stamp does not count as a signature on a filed paper.

A rubber stamp shall not be deemed a signature either under this Rule or CR 11.

INFOCriminal cases

Applies to

Termination statement

A Program participant may terminate the contract at any time by submitting a written statement to the diversion officer or trial judge.

A Program Participant may terminate the contract at any time by submitting a written statement to the diversion officer or the trial judge.

INFOCriminal cases

Applies to

Pretrial diversion order

A diversion order may include conditions requiring the petitioner to remain drug- and alcohol-free and submit to random testing, avoid Penal Code or Controlled Substance Act violations, and possess no firearm or other deadly weapon.

The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substance Act . 3. That the petitioner possess no firearm or any other deadly weapon .