Floyd Circuit Court Document Filing Requirements

CRITICAL

Applies to

Pleading

Pleadings must provide the personal identifying information required by the specified Kentucky statutes.

In addition, all pleadings must comply with the requirements of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifying information required in those chapters.

CRITICAL

Applies to

Motion

Must include

certificate of service

A motion must state its hearing date and include a certificate of service identifying how and when it was served on opposing parties.

The motion shall state the date when it will be brought up for hearing and shall contain a certificate of service showing by what means and when it was served on opposing parties .

CRITICAL

Applies to

Agreement and agreed order

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

All Agreements and Agreed Orders shall contain the correct mailing and/or e-mail addresses for the attomeys and parties.

CRITICALCivil cases

Applies to

Case management report

The Case Management Report must explain whether the parties agree to early mediation and any agreements to facilitate it.

The report must explain whether the parties agree to early mediation and any agreements to facilitate an early mediation.

CRITICALCivil cases

Applies to

Case management report

The Case Management Report must include a mediation deadline or competing proposals and the name of any agreed-upon mediator.

Additionally, the report must include a deadline for mediation (or competing proposals) and the name of any agreed-upon mediator.

CRITICAL

Applies to

Motion

The defendant's attorney must submit in writing the motions the attorney expects to offer.

The attorney appearing for the defendant at arraignment, unless previously relieved by order, shall be in attendance at the pretrial conference and shall submit such written motions as the attorney shall expect to offer in the case at least ten (10) days prior to the conference

CRITICAL

Applies to

Guardian ad litem answer or report

Within 60 days of appointment, the Guardian ad Litem must file an Answer for the Respondent or a report stating that, after careful examination, the GAL is unable to present a defense on the Respondent’s behalf.

Within sixty (60) days of the appointment, the Guardian ad Litem shall file and Answer on behalf of the Respondent or a Report stating that, after careful examination of the case he/she is unable to present a defense on their behalf.

CRITICAL

Applies to

Dispositional hearing submission

At the dispositional hearing, CHFS must complete form DNA 12 and explain any separation of siblings.

At the dispositional hearing CHFS shall provide the court with the information required pursuant to FCRPP 28 by completing form DNA 12. In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.

CRITICAL

Applies to

Petition

The reviewing judge must identify in the petition’s “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.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must include applicable restitution, supervision terms and fees, duration, compliance with Probation & Parole rules, and specified conduct 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 ofprobation- 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

Dependency petition

Any petition filed with this 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 addresses). The but not limited to, initiating contact with the Child Support Division of the petitioner shall make diligent efforts to locate the child's parents, including Floyd, Knott, or Magoffin County Attorney's Office.

Any petition filed with this 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 addresses). The but not limited to, initiating contact with the Child Support Division of the petitioner shall make diligent efforts to locate the child's parents, including Floyd, Knott, or Magoffin County Attorney's Office.

CRITICAL

Applies to

Course completion certificate

Facilitator personnel must file a course-completion certificate with the Clerk for placement in the litigant’s case file.

Domestic Facilitator Group personnel shall file with the Clerk of the Court, to be placed in the litigants' case file, a Certificate showing successful course completion by the litigant within Ten (10) days after the litigant's successful completion of the required course

CRITICAL

Applies to

Mediator report

At mediation's conclusion, the mediator must report that the process ended and, if no agreement is reached, report that fact without comment or recommendation; with the parties' consent, the report may also identify matters that could facilitate settlement if resolved or completed.

At the conclusion of the cases accepted for mediation, the mediator will report to the Court the fact that the mediation process has ended . If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the Court without comment or recommendation . With the consent of the parties, the mediator's report may also identify any pending motions, outstanding legal issues, discovery process or other action by any party which, if resolved or completed, would facilitate settlement.

CRITICAL

Applies to

Permanency hearing report

CHFS must complete and submit a Permanency Hearing Report to the Court 72 hours before the Court date.

At the Permanency Hearing/Review, CHFS shall complete a Permanency Hearing Report and submit same to the Court 72 hours preceding the Court date.

CRITICAL

Applies to

AOC Form 280

When an action is submitted for final adjudication, counsel or an unrepresented party must file AOC Form 280 with the Judge, Family Court Clerk, and Administrative Office of the Courts.

In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Family Court Clerk and Administrative Office of the Courts.

CRITICAL

Applies to

Pretrial conference

Before a civil case is heard at a pretrial conference, the parties must complete the pleadings and identify issues, complete or certify discovery, take and file specified deposition testimony, and submit expected trial maps, diagrams, or photographs, unless good cause or a court order provides otherwise.

Except for good cause shown or as otherwise modified by order of the Court, before a case is heard at the pretrial conference the parties shall comply with the following : 1 . Pleadings shall be completed and issues identified . 2. Discovery proceedings completed, or certified to be completed prior to trial date . 3. Medical, technical and expert testimony, if by deposition, to be taken and filed . 4. Submit any maps, diagrams or photographs expected to be used at trial .

CRITICALCivil cases

Applies to

Case management report

The parties must file the Case Management Report jointly.

The parties shall jointly file a Case Management Report

CRITICALCivil cases

Applies to

Case management report

If multiple related class actions are pending, the parties must report their views on special efforts to undertake and the timing of those efforts.

If multiple related class actions are pending, the parties must report their views on special efforts that should be undertaken and the time for doing so, such as the appointment of lead counsel, consolidation, or coordination with proceedings in other jurisdictions.

CRITICALCivil cases

Applies to

Motion

A motion to alter the Case Management Meeting or Report process or schedule must show good cause, be filed as promptly as possible, and state the reasons for the requested change.

A party may, by motion, request that the Court alter the process or schedule for the Case Management Meeting and Case Management Report. The motion must be supported by good cause, be filed as promptly as possible, and identify the reasons for the requested change.

CRITICALCivil cases

Applies to

Agreed order

If the parties agree to reassignment after a qualifying counterclaim, counsel must submit a Form AOC-BCD-1 agreed order identifying the counterclaim subject matter within BCR 2.1.

If an agreement to reassignment is reached, counsel shall submit an agreed order on Form AOC-BCD-1 identifying the subject matter of the counterclaim that falls within the scope of BCR 2.1.

CRITICAL

Applies to

Attorney statement

An attorney seeking permission to review or copy a paternity file must sign a statement restricting what information may be shared with the client.

Pursuant to KRS 406.035, 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, including information relating to domestic violence or child abuse as well as the addresses of the parties.

CRITICALCivil cases

Applies to

Complaint

The complaint must identify in its style that the matter is filed in the Jefferson Circuit Court Business Court Docket.

The complaint shall clearly identify in the style of the case that the matter is filed in the Jefferson Circuit Court Business Court Docket.

CRITICAL

Applies to

Motion

A person seeking an order for confidential video records must file a written motion stating the purpose of the request.

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.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

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

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

CRITICAL

Applies to

Settlement order

If a case settles before or during mediation, an attorney for one party must prepare and submit an order reflecting the settlement.

If a case is settled prior to or during mediation, an 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 .

CRITICALCriminal cases

Applies to

Written recommendations

When diversion is recommended, 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

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. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Status quo order motion

In the 31st and 36th Judicial Circuits, a Status Quo Order motion may be filed with the petition and must state that the respondent has ten days to object.

However, in the 31" and 36" Judicial Circuits, a Motion Requesting Entry of the AOC 237, Status Quo Order, may be filed with the Petition. The Motion must state that the Respondent has ten days to file an objection to entry of said Order.

CRITICAL

Applies to

Motion or pleading

Every motion and pleading must include the moving counsel's name, address, and phone number.

All motions and pleadings shall contain the name, address and phone number of movant's counsel

CRITICALCivil cases

Applies to

Joint case management report

The form directs the parties to insert the date and signature blocks.

[INSERT DATE AND SIGNATURE BLOCKS]

CRITICAL

Applies to

Final hearing exhibits

Attorneys and self-represented parties must produce documents they intend to offer as final-hearing exhibits within 30 days of the Final Hearing.

The Attorneys or parites, if pro se litigants, shall also produce any documents they intend to submit as Exhibits at the Final Hearing within 30 days of the Final Hearing.

CRITICAL

Applies to

Discovery motion

A discovery motion must certify that counsel was unable to resolve the dispute with opposing counsel.

Motions concerning any discovery matter shall not be filed unless counsel has contacted opposing counsel and certifies in the motions that they have been unable to resolve their differences

CRITICAL

Applies to

Proposed order or letter

With the failure notification, facilitator personnel must tender a proposed order or letter as directed by the issuing Court, suitable for the Court to execute and send or serve on the litigant.

Domestic Facilitators Group personnel shall, with the notification of a litigant's failure to participate, also tender to the Court, a proposed Order or letter, as the issuing Court may direct, sufficient for execution by the Court, to be sent or served upon the non-participating litigant to inform the litigant

CRITICALCivil cases

Applies to

Case management report

The parties must consider whether a special master or discovery referee could assist in resolving issues efficiently and, if so, summarize their views in the Case Management Report.

The parties are required under BCR 4.2(m) to consider whether a special master or discovery referee may assist the efficient resolution of certain issues in the case, and if so determined, to summarize their views in the Case Management Report as required under BCR 4.3(g).

CRITICAL

Applies to

Joint statement

If mediation resolves only some issues, or the parties reach other agreements, the parties must submit a joint statement identifying the resolved issues and those remaining for trial.

If some, but not all of the issues in the case are settled during mediation or if agreements are reached to limit discovery or in 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 .

CRITICAL

Applies to

Dependency petition

Dependency petitions must be filed in accordance with FCRPP 20, with the original filed with the Floyd Family Court Clerk's Office.

All petitions shall be filed in accordance with FCRPP 20 and copy shall be distributed to the assistant county attorney assigned to prosecute dependency actions and the original shall be filed with the Office of the Floyd Family Court Clerk.

CRITICAL

Applies to

Petition

A Form AOC-FC-3 Case Data Information sheet must be filed with the petition.

A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for diversion, counsel must state and the defendant must agree on the record to waive speedy trial or 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

Schedule

The schedule’s undersigned affiant states that they have read the schedule and that its information is true and correct.

The undersigned states that has read the foregoing schedule and the information set forth therein is true and correct .

CRITICALCivil cases

Applies to

Motion for reassignment

If reassignment agreement is not reached, the defendant must file a Form AOC-BCD-2 motion within the answer-or-response timeframe; the motion is limited to five pages and no response is allowed.

If an agreement regarding reassignment is not reached, the defendant shall file a motion for reassignment on Form AOC-BCD-2. The motion for reassignment shall be limited to five pages in length and shall be filed within the same timeframe required for serving an answer or response to the complaint. No response to the motion for reassignment shall be allowed.

CRITICALCivil cases

Applies to

Joint case management report

The report must include a mediation deadline or competing proposals and the name of an agreed-upon mediator.

Additionally, the report must include a deadline for mediation (or competing proposals) and the name of an agreed-upon mediator.

CRITICAL

Applies to

Pleading motion or other paper

Must include

case number

Every paper filed by counsel or a party must include the case number and the signer’s typed or printed name, address, telephone number, and email address.

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, telephone number and e-mail address of the attorney or party signing the paper.

CRITICAL

Applies to

Notice of hearing

A hearing notice served on opposing parties must include the hearing’s time, date, and place.

The time and date and place of the hearing shall be included in the notice served upon the opposing parties .

CRITICAL

Applies to

Protective order petition

The reviewing judge must indicate in the petition whether the 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 1 0 12 Actioni 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 for compensation

A motion for compensation must include an affidavit stating the statutory basis for appointment, the hours and services rendered and the reasonableness of the requested fee, and that the action or proceeding has concluded.

Motions for Compensation shall be accompanied by an Affidavit stating: 2. The hours of service rendered with a brief description of the services rendered and 1. The Statutory basis for the appointment. reasonableness of the fee requested; and 3. That the action or proceeding has been concluded.

CRITICAL

Applies to

Notification of non participation

A proposed Show Cause Order, sufficient for execution, shall be tendered by Domestic Facilitators Group personnel with its notification of non-participation as required by this numeral paragraph, should the Court direct .

A proposed Show Cause Order, sufficient for execution, shall be tendered by Domestic Facilitators Group personnel with its notification of non-participation as required by this numeral paragraph, should the Court direct .

CRITICALCivil cases

Applies to

Joint case management report

The case management report’s conference entry calls for the scheduled conference date and time to be completed.

The parties have contacted the Court’s administrative staff by telephone as required pursuant to BCR 4.2, and the Case Management Conference is scheduled for ____________, at ___ _.m.

CRITICAL

Applies to

Judicial order request

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

An individual requesting a judicial order must provide the Family Court Judge a written explanation 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

Motion to submit dissolution for final docket

A motion to submit a dissolution matter for the final docket may be filed with executed notices and waivers of hearings and/or decree and submitted directly to the Judge for approval; the source text ends mid-phrase.

Attorneys or parties may file a Motion to Submit a dissolution matter for Final docket, which shall contain executed Notices and Waivers of Hearings and/or Decree, and submit same directly to the Judge for approval by the Court off-

CRITICAL

Applies to

Participant list

The participant list must be provided to the Clerk, a true copy must be provided to the Circuit Judges, and the list must note each participant’s fee status; collected fees must be turned over to the Floyd County Bar Association.

and together with a list of litigants who attended, shall turn over said funds to the following Court personnel: a) List of participants to the Clerk of the Court who shall maintain a file for the collection of such lists ; b) Fees collected to Floyd County Bar Association ; And further provide a true copy of the list filed with the Clerk to the Circuit Judges. This list shall contain notations as to whether the participants have paid the required fee, failed to pay the required fee, or were exempt from payment because of a Court Order allowing the litigant to proceed informa pauperis.