Estill Circuit Court Document Filing Requirements

CRITICAL

Applies to

Written objections

An objecting party must file and serve written objections that include a time for a hearing scheduled under the Rules on all parties and the Court.

unless written objections thereto including a time for a Hearing scheduled pursuant to these Rules have been filed and served upon all parties and the Court by the objecting party

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

Protective order petition

Petitions seeking protection under KRS Chapter 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.

CRITICAL

Applies to

Settlement order

If mediation settles a case, one party’s attorney must prepare and submit an order reflecting the settlement.

(b) If a case is settled during mediation, the attorney for one of the parties shall prepare and submit to the Court an order reflecting the fact of settlement as in any other case.

CRITICAL

Applies to

Action on commissioners report or exceptions

Action on the Commissioner's report or exceptions to it must be taken by motion and notice under the cited rules.

Action upon the Commissioner's report and upon exceptions thereto shall be by motion and notice pursuant to FRPP 4(4)(a) and CR 6.04.

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth's Attorney must make written recommendations to the Court about conditions for pre-trial diversion.

Make recommendations to the Court in writing of conditions for pre-trial diversion .

CRITICAL

Applies to

Master commissioner report or memorandum

When directed by an order or judgment to take action, the Master Commissioner must report the action taken in a report or memorandum.

The Master Commissioner shall, when directed by Order or Judgment to take any action, report the action taken, by a Report or Memorandum, so that the record shall be complete in all respects.

CRITICAL

Applies to

Motion

A motion must be accompanied by a Notice of Date for Hearing or it will be summarily overruled, unless good cause is shown.

Any Motion not accompanied by the Notice of Date for Hearing shall be summarily overruled except for good cause shown.

CRITICAL

Applies to

Hearing notice

The written hearing notice must identify the hearing’s time, place, and purpose.

No proceeding shall be heard unless the party requesting such hearing has served written notice seven (7) days before the date of such hearing on the adverse party, notifying such party of the time, place, and purpose of the hearing, unless otherwise agreed by the parties or scheduled by order at the discretion of the Domestic Relations Commissioner.

CRITICAL

Applies to

Protective order petition

Protective-order petitions under KRS Chapter 403 or 456 must be made on form AOC-275.1 and 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.

CRITICAL

Applies to

Commissioner proceeding record

Proceedings before the Commissioner must be recorded by audio or video, and a recording log must be kept.

Pursuant to FCRPP 4(3), all proceedings before the Commissioner shall be recorded by audio or video, and a recording log shall be kept.

CRITICAL

Applies to

Default judgment motion

Must include

proposed order

A default-judgment motion must identify whether the requested relief is in rem or in personam and include the specified proposed judgment, certificate, proof, and affidavits.

The Motion must state whether the relief requested is In Rem or In Personam, and be accompanied by a proposed judgment; by a Certificate of the moving party that no papers have been served upon him/her by the party in default, or by anyone on his/her behalf; proof of service; an affidavit showing entitlement to relief; and as to individual defendants, a military status affidavit.

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth's Attorney must provide the Court with a written recommendation in response to each petition.

The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition .

CRITICAL

Applies to

Agreement

Agreements filed of record must be signed by both parties and properly acknowledged; counsel must also sign if a party is represented.

All agreements between parties filed of record must be signed by both parties and acknowledged before a person authorized to take acknowledgments under KRS 382.140. In the event that a party is represented by counsel, the Agreement must also be signed by counsel.

CRITICAL

Applies to

Default judgment application

When the specified Kentucky civil procedure rules apply, a party seeking default judgment must file a written application, subject to conflicts with FCRPP 3(2).

Except as it conflicts with FCRPP 3(2), a party seeking a Judgment by default where Rules 55.01, 5.01, or 6.03 of the Kentucky Rules of Civil Procedure apply shall file a written application for such a Judgment.

CRITICAL

Applies to

Petition

The judge reviewing a petition must identify in its “Court Action” section whether it 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

Motion

A motion that relies on authorities must include citations to those authorities.

All Motions for which authorities are relied upon shall be accompanied by citations of such authorities.

CRITICAL

Applies to

Written recommendation

The Commonwealth’s Attorney must provide the Court with a written recommendation in response to each petition.

(c) The Commonwealth's Attorney shall make a recommendation to the Court in writing in response to each petition.

CRITICALCriminal cases

Applies to

Diversion order

The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation & Parole rules, and the listed requirements concerning offenses 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 pre-trial 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

Order or judgment

An order or judgment involving or requiring action by the Master Commissioner must include a counsel-prepared certificate on its last page stating that the Clerk must serve it on the Commissioner.

All Orders or Judgments involving or requiring action by the Master Commissioner shall be served upon said Commissioner by the Clerk, and such Order or Judgment shall contain a Certificate of the counsel preparing same at the bottom of the last page thereof to the effect that it is an Order or Judgment concerning which the Clerk is required to serve on the Master Commissioner.

CRITICAL

Applies to

Pre trial diversion application

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

(b) In applying for pre-trial 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

Petition

The judge reviewing an order-of-protection petition must identify in its “Court Action” section whether the 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

Order or judgment requiring clerk notification

Orders and Judgments requiring Clerk notification must include a notation alerting the Clerk that the Order should be served pursuant to CR 77.04.

All Orders and Judgments of which the Clerk must give notification shall contain a notation calling to the Clerk's attention the fact that the Order should be served pursuant to CR 77.04.

CRITICAL

Applies to

Disclosure statement

Each disclosure statement must be verified by the filing party and signed by that party's attorney.

Each such Disclosure Statement, besides being verified by the party filing it, shall bear the signature of that party's attorney.

CRITICAL

Applies to

Proposed order or judgment

Must include

certificate of service

The proposed order or judgment must include, attached or typed on it, a certificate of service stating that tender and service occurred and giving their date.

The proposed Order or Judgment, for purposes of this paragraph, shall have attached thereto, or typed thereon, a Certificate of Service showing the fact of the tender and service and the date of the same

CRITICAL

Applies to

Order of diversion

The Order of Diversion must address restitution, supervision and any applicable fees, duration, compliance with Probation & Parole rules, and the specified offense-free and statutory-compliance directives.

(b) 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) A requirement that the defendant obey all rules and regulations imposed by Probation & Parole; and (S) As required by KRS 533.030(1) (conditions of probation-restitution), a directive requiring the defendant to not commit any offense during the period of the pre- trial diversion and specifically directing the defendant to comply with any other provisions of KRS 533.030 or any other conditions the Court deems appropriate.

CRITICAL

Applies to

Proof of attendance

When the education participation described in this subsection is ordered, proof of attendance must be submitted before assignment for final hearing.

In such cases, proof of attendance must be submitted before the case is assigned for final hearing.

CRITICAL

Applies to

Joint statement

When mediation resolves only some issues or the parties reach agreements on discovery or another matter, the parties must submit a joint statement identifying resolved issues and issues remaining for trial.

(c) If some but not all of the issues in the case are settled during mediation, or if agreements are reached to limit discovery or on any other matter, the parties shall submit a joint statement to the Court enumerating the issues that have been resolved and the issues that remain for trial.

CRITICALCriminal cases

Applies to

Pre trial diversion application

When applying for pre-trial diversion, counsel must state and the defendant must agree on the record to waive any right to a speedy trial or disposition if diversion is granted.

In applying for pre-trial 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

Summons

When 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

Initial order or judgment

Must include

caption

The initial order or judgment served on the Master Commissioner must identify all parties in its caption and provide counsel and party contact details, including the mailing address of any unrepresented party, on its last page.

The initial Order or Judgment served upon the Master Commissioner shall contain in the caption or style the names of all parties and shall include in the last page the names and addresses of all counsel and the parties represented, as well as a notation concerning the fact that any parties are not represented by counsel, and in that case, the mailing address of such parties.

CRITICAL

Applies to

Pretrial conference instructions

Before or at the pretrial conference, the parties must submit written instructions reflecting their then-current understanding of the issues and law, subject to the stated exceptions and right to submit further instructions.

Except for good cause shown, or unless otherwise directed by the Court, the parties shall comply with the following before the Pre-Trial Conference: (c) At or before the Pre-Trial Conference, submit written instructions incorporating the parties' then understanding of the issues and the law without prejudice to the right to present further instruction as may be indicated by subsequent proceedings;

CRITICAL

Applies to

Commissioner report

In all dissolution actions, the Commissioner must report findings of fact, conclusions of law, and recommendations to the Court.

The Domestic Relations Commissioner shall report by making Findings of Fact, Conclusions of Law, and Recommendations to the Court in all dissolution actions pursuant to KRS 454.350(2).

CRITICAL

Applies to

Testimony

On a party's motion, testimony must be taken by deposition or interrogatory and submitted to the Court; otherwise, the matter is heard by the Commissioner.

Upon motion of any party to a Domestic Relations proceeding, the testimony shall be taken by deposition or interrogatory and submitted to the Court. Otherwise, the matter shall be heard by the Domestic Relations Commissioner as set forth in LR23JC 501 above.

WARNING

Applies to

Order or judgment

If the Court so orders, the prevailing party must present the order or judgment embodying the decision.

If so ordered the prevailing party shall present the Order or Judgment embodying the decision to the Court:

WARNING

Applies to

Agreed order

Counsel need not attend the Motion Docket call if an agreed order signed by counsel for all affected parties is submitted to the Clerk beforehand.

If an Agreed Order signed by counsel for all parties affected is submitted to the Clerk before the call of the Motion Docket, counsel need not attend the call of the Motion Docket.

WARNING

Applies to

Order or judgment

(a) Upon having the Order or Judgment attested by counsel for all parties thereto as being in conformity with the Court's decision by signature in a space provided just below the body of said Order or Judgment on the left-hand side of the page, and/or by an endorsement of the fact that any party is, or parties are, not represented by counsel, if that is the case;

(a) Upon having the Order or Judgment attested by counsel for all parties thereto as being in conformity with the Court's decision by signature in a space provided just below the body of said Order or Judgment on the left-hand side of the page, and/or by an endorsement of the fact that any party is, or parties are, not represented by counsel, if that is the case;

INFO

Applies to

Trial brief

The Court may require each party to submit a short trial brief stating the facts and law on which the party will rely, and may set the filing time.

In the Pre-Trial Order, the Court may require each party to submit a Trial Brief consisting of a short memorandum of his/her view of the facts and law on which he/she will rely and may fix the time for tiling such Briefs.

INFO

Applies to

Motion

Moving counsel may accompany a motion with a brief written statement or file a supporting memorandum of law.

Moving counsel may also accompany any Motion with a brief written Statement or file a Memorandum of Law supporting said Motion.

INFOCriminal cases

Applies to

Diversion order

The diversion order may include requirements concerning drug and alcohol use, violations of specified laws, and possession of firearms or other deadly weapons.

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 Substances Act . 3 . That the petitioner possess no firearm or any other deadly weapon .