Fleming County Circuit Court, Kentucky Document Filing Requirements

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

The Commonwealth must provide the Court with a written recommendation in response to every diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application

CRITICAL

Applies to

Appearance waiver or agreement

An unrepresented party must sign and acknowledge an appearance and waiver or agreement before one of the specified officials.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a clearly identified public notary, the circuit clerk or any of his or her deputies, or any official stenographer of the circuit court.

CRITICAL

Applies to

Agreement or agreed order

Agreements and agreed orders must contain the correct mailing and e-mail addresses for the attorneys and parties.

All agreements and agreed orders shall contain the correct mailing and e-mail addresses for the attorneys and parties.

CRITICAL

Applies to

Order

All orders which are required under the Kentucky Rules of Civil Procedure (CR) and Rules of Criminal Procedure (RCr) to be served on opposing parties or counsel, including judgments, final Circuit Clerk for distribution thereof in the following manner: orders and orders affecting the running of time for taking an appeal, shall contain directions to the Mail copies to: John Jones Attorney for plaintiff, Jane Doe 208 Main Street Florence, Kentucky 41042

All orders which are required under the Kentucky Rules of Civil Procedure (CR) and Rules of Criminal Procedure (RCr) to be served on opposing parties or counsel, including judgments, final Circuit Clerk for distribution thereof in the following manner: orders and orders affecting the running of time for taking an appeal, shall contain directions to the Mail copies to: John Jones Attorney for plaintiff, Jane Doe 208 Main Street Florence, Kentucky 41042

CRITICAL

Applies to

Motion

Must include

proposed order

A motion filed with the clerk must include a tendered order and enough copies for the clerk to complete service, subject to an exception whose description is truncated in the text.

No motion shall be filed in the clerk's office unless same is accompanied by a tendered order for the Court's consideration (as stated in Local Rule Title II, Rule 4.01), together with a sufficient number of copies of the tendered order to permit the clerk to complete service thereof. This rule shall not apply if the order sought is required by Kentucky Rules of Civil Procedure (CR) to

CRITICAL

Applies to

Motion

A motion for maintenance or support must include a child support worksheet and an affidavit stating the number of children of the marriage and the moving party’s income.

Any motion for maintenance or support must be accompanied by a child support worksheet and an affidavit of the moving party setting forth the number of children of the marriage and the income of the

CRITICAL

Applies to

Agreement or agreed order

The parties and any counsel must sign all agreements and agreed orders.

The parties and parties' counsel, if any, must sign all agreements and agreed orders.

CRITICAL

Applies to

Condensed deposition transcript

If the Court orders it, relevant pages of a condensed deposition transcript must be filed when the deposition is the subject of a motion.

If ordered by the Court, relevant pages of a condensed deposition transcript shall be filed in the record if the deposition is the subject of any motion before the Court.

CRITICAL

Applies to

Questionnaire form

The State Department of Health questionnaire form required by KRS 213.340 must be filed with the affidavit.

xi. The questionnaire form required by the State Department of Health, pursuant to KRS 213.340 shall be filed with the affidavit.

CRITICAL

Applies to

Pretrial diversion order

The pretrial diversion order must address applicable restitution, supervision status and fees, duration, compliance with Probation and Parole rules, and the listed statutory and no-offense conditions.

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. Requiring defendant to obey all rules and regulations imposed by Probation and Parole. 5. As required by KRS 533.030(1) [conditions of probation-restitution], directing the defendant 6. Directing the defendant to comply with any other provision of KRS 533.030 or any other not to commit any offense during the period of pretrial diversion. condition the Court deems appropriate.

CRITICAL

Applies to

Motion notice

A motion notice may not state that the motion will be heard at the Court’s convenience; a violating motion will be returned and not docketed.

No motion shall be filed with a notice that it shall be heard at the "convenience of the Court." Motions in violation of this Local Rule shall be returned to the movant and shall not be docketed.

CRITICAL

Applies to

Motion

Motions must precisely state the requested relief and include a supporting memorandum when these Local Rules specifically require one; noncompliance may be grounds for denial.

All motions shall state precisely the relief requested and shall be accompanied, as specifically required by these Local Rules, by a supporting memorandum. Failure to do so may be grounds for denying the motion.

CRITICAL

Applies to

Affidavit

Affidavits supporting a motion to modify a temporary custody order or custody decree must state the order’s date and recording information, its substance, and the circumstances relied on for modification.

B. The affidavits in support of motion to modify a temporary custody order or custody decree shall, in addition to facts supporting the requested order sought, indicate: The date and recording information of the order or decree sought to be modified; The substance of the order or decree; and, The circumstances or the change of circumstances relied upon by the party seeking the modification.

CRITICAL

Applies to

Affidavit

In dissolution, legal separation, or maintenance proceedings, the moving party must file a signed and notarized affidavit with the complaint containing the listed statements about the parties, their finances, children, military service, and pregnancy where applicable.

In each proceeding for dissolution of marriage, legal separation or maintenance, an affidavit signed by moving party and notarized must be filed with the complaint and must contain the following: Statement as to whether either party has been previously divorced, or a party to a decree of legal separation or dissolution of marriage, and if so, when and where the decree was granted. II. Statement as to age and condition of health of affiant. 111. Statement as to whether affiant owns any real estate. If any real estate is owned, give location and value. iv. Statement as to whether affiant is employed, the wages or salary received. V. Statement of affiant as to his or her other income. vi. Statement as to the age and health of respondent. vii. Statement of affiant as to whether respondent owns any real estate, and as to whether he is employed. viii. Statement as to whether any children were born of this marriage, giving the place of residence, sex and date of birth of any such children, and the name(s) of the custodian(s) of said children. ix. Statement as to whether respondent is now or has been in the active military service of the United States at any time during the pendency of this action. x. If a woman, whether now pregnant.

CRITICAL

Applies to

Agreement or agreed order

The parties and their counsel, if any, must sign all agreements and agreed orders.

The parties and parties* counsel, if any, must sign all agreements and agreed orders.

CRITICAL

Applies to

Emergency motion affidavit

The movant’s affidavit must fully explain the need for emergency relief and, if applicable, why notice could not be given.

Affidavit of movant must fully explain the need for emergency custody, maintenance and/or support, and if applicable, why notice could not be given.

CRITICAL

Applies to

Order confirming sale

Must include

certificate of service

The party submitting the Order Confirming Sale must certify that copies were served.

The party submitting the order shall serve copies of the same as required by CR 5, and so certify.

CRITICAL

Applies to

Motion for jury trial date

Must include

local rule certificate

A jury-trial date assignment motion in Bracken, Fleming, or Mason County must include the signed Certificate of Readiness in the prescribed wording.

All motions for assignment of a date for trial with jury in Bracken, Fleming, or Mason County shall have endorsed thereon, signed by counsel for the movant, the following: CERTIFICATE OF READINESS I hereby certify that this case stands ready for trial by movant; all matters necessary for its presentation to the Court and jury have been or shall be completed within sixty (60) days from this date. DATE: (SIGNATURE) COUNSEL FOR MOVANT

CRITICAL

Applies to

Criminal instructions

Each side must file criminal instructions no later than three days before trial; if requested, they may be filed under seal and withheld from opposing counsel.

Criminal instructions must be filed by each side and may be filed under seal and not available to opposing counsel, if so requested, not later than THREE (3) DAYS before the trial date.

CRITICAL

Applies to

Custody motion

An application for a custody order or modification must be made to the Court by motion, with affidavits required by law and notice to all parties, for a hearing under the specified procedures.

Application for a custody order or to modify a custody order or custody decree shall be to the Court on motion, and affidavits as required by law, with notice to all parties, for hearing by the Court in accordance with procedures established by FCRPP 7, Kentucky Revised Statutes and these Local Rules.

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

If the Commonwealth recommends diversion, it 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 of conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful

CRITICAL

Applies to

Appearance waiver or agreement

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before one of the identified officials.

Any unrepresented party who signs and acknowledges an appearance and waiver or agreement shall do so before a clearly identified notary public, the circuit clerk or any of his or her deputies, or any official stenographer of the circuit court.

CRITICAL

Applies to

Complaint affidavit

Each dissolution, legal-separation, or maintenance proceeding must include a signed and notarized moving-party affidavit filed with the complaint containing the listed statements.

Pursuant to FCRPP 3(1), in each proceeding for dissolution of marriage, legal separation or maintenance, an affidavit signed by moving party and notarized must be filed with the complaint and must contain the following: Statement as to whether either party has been previously divorced, or a party to a decree of legal separation or dissolution of marriage, and if so, when and where the decree was 2. Statement as to age and condition of health of affiant. Statement as to whether affiant owns any real estate. If any real estate is owned, give location and value. Statement as to whether affiant is employed, the wages or salary received. Statement of affiant as to his or her other income. Statement as to the age and health of the respondent. Statement of affiant as to whether respondent owns any real estate, and as to whether he/she is employed. Statement as to whether any children were born of this marriage, giving the place of residence, sex and date of birth of any such children, and the name(s) of the custodian(s) of said children. 9. Statement as to whether respondent is now or has been in active military service of the United States at any time during the pendency of this action. 10. If a woman, whether now pregnant.

CRITICAL

Applies to

Custody modification affidavit

An affidavit supporting modification of a temporary custody order or decree must state the order’s date and recording information, its substance, and the circumstances or change of circumstances relied on.

The affidavits in support of motion to modify a temporary custody order or custody decree shall, in addition to facts supporting the requested order sought, indicate: 1. The date and recording information of the order or decree sought to be modified; 2. The substance of the order or decree; and, 3. The circumstances or the change of circumstances relied upon by the party seeking the modification.

CRITICAL

Applies to

Commonwealth written recommendation

When recommending diversion, the Commonwealth must submit written recommendations for diversion conditions and the appropriate 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.

CRITICAL

Applies to

Motion to set trial

A motion to set a case for trial must state the nature of the action, whether a jury was demanded, and the estimated trial length.

All motions to set cases for trial shall state the nature of the action, whether or not a jury has been demanded, and the estimated length of trial.

CRITICAL

Applies to

Maintenance or support motion

A motion for maintenance or support must include a child support worksheet and the moving party’s affidavit stating the number of children of the marriage and the parties’ income.

D. Any motion for maintenance or support must be accompanied by a child support worksheet and an affidavit of the moving party setting forth the number of children of the marriage and the income of the parties.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion for judgment or order must be accompanied by the requested judgment or order unless there is a cogent reason otherwise.

When a motion for judgment or order is presented to the Court, the judgment or order requested shall be tendered therewith except for cogent reason to the contrary.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by KRS Chapters 205, 403, and 407.

All pleadings must comply with the requirements of KRS Chapter 205, 403 and 407, by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Pretrial diversion application

For a pretrial diversion application, defense 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 pretrial diversion, counsel for 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

Motion to withdraw as counsel

An order permitting counsel to withdraw will not be signed until the motion is set on a regular Motion Day and is accompanied by a copy of a certified letter to the client and proof of that letter.

No order shall be signed permitting the withdrawal of counsel until counsel has set said motion on a regular Motion Day and has accompanied said motion with a copy of a certified letter to client and the proof thereof.

CRITICALCriminal cases

Applies to

Pretrial diversion application

The application must include counsel's statement and the defendant's on-record agreement to waive speedy-trial and charge-disposition rights if diversion is granted.

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

Agreement or agreed order

Agreements and agreed orders must contain the correct mailing and email addresses for the attorneys and parties.

All agreements and agreed orders shall contain the correct mailing and e-mail addresses for the attorneys and parties.

CRITICAL

Applies to

Preliminary verified disclosure statement

The preliminary verified disclosure statement or a qualifying replacement form must be filed in the court record unless the parties or their counsel certify in writing that the disclosure was made in accordance with FCRPP 2(3).

AOC-238 (Preliminary Verified Disclosure Statement) or any subsequent replacement form requiring the same or similar information shall be filed in the Court record, unless parties or parties* counsel certify in writing that said disclosure has been made in accordance with FCRPP 2(3).

CRITICAL

Applies to

AOC-238 preliminary verified disclosure statement

The AOC-238 Preliminary Verified Disclosure Statement must be filed in the Court record unless the parties or their counsel certify in writing that the disclosure was made in accordance with FCRPP 2(3).

AOC-238, Preliminary Verified Disclosure Statement, shall be filed in the Court record, unless parties or parties' counsel certify in writing that said disclosure has been made in accordance with FCRPP 2(3).

CRITICAL

Applies to

Judgment affidavit

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment containing statement as to whether any material change in the circumstances of either party has occurred since the first affidavit was executed and since the taking of proof as would cause any witness herein now to testify differently and whether any resumption of normal marriage relationship has occurred, and if a woman, whether now pregnant.

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment containing statement as to whether any material change in the circumstances of either party has occurred since the first affidavit was executed and since the taking of proof as would cause any witness herein now to testify differently and whether any resumption of normal marriage relationship has occurred, and if a woman, whether now pregnant.

CRITICAL

Applies to

Motion or pleading

A copy of the notice must accompany the motion or pleading delivered to the clerk.

A copy of the notice shall accompany the motion or pleading delivered to the clerk.

CRITICAL

Applies to

Complaint affidavit

The State Department of Health questionnaire required by KRS 213.340 must be filed with the affidavit.

The questionnaire form required by the State Department of Health, pursuant to KRS 213.340, shall be filed with the affidavit.

CRITICAL

Applies to

Written evidence of insurance

The purchaser must furnish the commissioner written evidence of the required insurance within 24 hours of the sale.

Written evidence of such insurance, as obtained pursuant to Local Rule 29.01, shall be furnished by the purchaser to the commissioner within twenty-four (24) hours of the date of sale.

CRITICAL

Applies to

Trial brief and desired instructions

In jury and bench civil cases, each party must file a trial brief and desired instructions no later than five days before trial.

In all jury and bench civil cases, each party to the action shall file with the Court, no later than FIVE (5) DAYS, prior to trial, a trial brief and desired instructions.

CRITICAL

Applies to

Emergency temporary order motion

A party may seek emergency temporary custody, maintenance, or support by motion, with practicable notice and an affidavit stating facts establishing the emergency.

In an emergency for temporary order for custody, maintenance, and support or to modify and review same, a party on motion, with such notice as practicable, supported by affidavit of movant stating facts to establish the emergency, may move the Court, in person or by counsel, for order of emergency temporary custody, maintenance, or support for a period of up to thirty (30) days.

CRITICAL

Applies to

Affidavit

The movant’s affidavit must fully explain the need for emergency custody, maintenance, or support and, if applicable, why notice could not be given.

B. Affidavit of movant must fully explain the need for emergency for a period of up to thirty (30) days. custody, maintenance and/or support, and if applicable, why notice could not be given.

CRITICAL

Applies to

Commonwealth written recommendation

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

The Commonwealth shall make a written recommendation to the Court in response to each application. KRS 533.250(6).

CRITICAL

Applies to

Custody order application

An application for a custody order or modification must be made to the Court by motion with affidavits required by law and proceed to hearing under the applicable statutes and Local Rules.

Application for a custody order or to modify a custody order or required by law, with notice to all parties, for hearing by the Court in custody decree shall be to the Court on motion, and affidavits as accordance with procedure established by Kentucky Revised Statutes and these Local Rules.

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the cited statutes or contained in other documents or exhibits filed with the court.

All pleadings must comply with the requirements of KRS Chapter 205, 403 and 407, by providing the personal identifying information required in statute or contained in other documents or exhibits filed with the court, those chapters.

CRITICAL

Applies to

Affidavit

The moving party must sign and notarize an affidavit within three days before judgment is tendered, file it with the judgment, and include a statement about material changes in circumstances since the first affidavit and the taking of proof.

An affidavit must be signed by moving party and notarized within three (3) days before judgment is tendered and be filed with the judgment containing statement as to whether any material change in the circumstances of either party has occurred since the first affidavit was executed and since the taking of proof

CRITICAL

Applies to

Complaint

Must include

caption

Original and intervening complaints must include each party’s known address and, for a defendant under disability, the disability and who must be served.

The caption of each original complaint and intervening complaint shall show the address, if known, of each party. If a defendant is under disability, the caption shall state the nature of the disability and who shall be served.

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.

WARNING

Applies to

AOC-238 preliminary mandatory disclosure

When maintenance and spousal support are not at issue, Section H of AOC-238 concerning monthly expenses need not be completed.

in Maintenance/Spousal Support Cases Section H of AOC-238, Preliminary Mandatory Disclosure, regarding In cases where maintenance and spousal support are not at issue, "Monthly Expenses" need not be completed.

INFO

Applies to

Court order

C. Other days of special meaning, such as religious holidays, or national birthdays, should be decided together, written into the Court order, and alternated as above.

C. Other days of special meaning, such as religious holidays, or national birthdays, should be decided together, written into the Court order, and alternated as above.