Floyd Circuit Court Document Filing Requirements

CRITICAL

Applies to

Property mediation submission

For property mediation, the parties must provide a supplement describing material changes to their financial disclosures and a short statement defining the issue and describing special problems; the source text ends mid-requirement.

The parties shall exchange and provide to the mediator, in no less than five (5) working days prior to the mediation conference, the following: Supplement to financial disclosure statement regarding any material change. 2. A short statement including definition of the issue to be addressed by the mediator and a brief narrative statement of any special problems affecting

CRITICALCivil cases

Applies to

Proposed order

Before submitting a proposed order to the Business Court Docket judge, the parties must confer in an effort to agree on its applicable terms.

Before submitting a proposed order to the Business Court Docket judge, the parties must confer in an effort to agree to all applicable terms of the proposed order.

CRITICAL

Applies to

Pretrial order

If no pretrial order is entered at the conference, attorneys must prepare and submit one incorporating the specified matters.

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order, incorporating the Court's rulings, agreements or stipulation of the parties and any other matter designated by the Court not later than 10 days following the pretrial conference.

CRITICAL

Applies to

Paternity case file access request

The clerk's office shall grant an attorney access to a paternity file upon receipt of either the attorney's permission request or a party's signed and notarized release authorizing inspection.

Upon receipt of the Floyd, Knott, or Magoffin Family Court Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Floyd, Knott, or Magoffin Family Court 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.

CRITICAL

Applies to

Domestic relations schedule

A Domestic Relations schedule shall be filed within fifteen (15) days from the filing of a petition .

A Domestic Relations schedule shall be filed within fifteen (15) days from the filing of a petition .

CRITICAL

Applies to

Divorce education program attendance notification

The notification requiring attendance at the Divorce Education Program must include a session schedule and brochure.

A schedule of sessions and brochure shall accompany this notification of requirement to attend.

CRITICAL

Applies to

Protective order petition

Protective-order petitions must be made on form AOC-275.1.

shall be made on form AOC-275.1

CRITICALCivil cases

Applies to

Joint case management report

If the parties do not agree to early mediation, the report must confirm counsel discussed litigation costs and potential savings from early mediation with their clients.

If the parties do not agree to early mediation, then the report must confirm that counsel have discussed with their client(s) the cost of litigation and the potential cost savings that may be realized by an early mediation.

CRITICALCivil cases

Applies to

Agreed order

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

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

CRITICALCivil cases

Applies to

Case management report

At the Case Management Meeting, the parties must consider whether a special master or discovery referee may assist and, if so, summarize their views in the Case Management Report.

Under BCR 4.2(m), the parties are required to consider at the Case Management Meeting 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) (see Appendix 1).

CRITICAL

Applies to

Failure to participate notification

Facilitator personnel must file notice with the Court when a litigant fails to participate in the Program.

Domestic Facilitators Group personnel shall file with the Courts notification concerning litigants who has failed to participant in the Program within Ten (10) days of the their failure.

CRITICAL

Applies to

Filed paper

Every filed paper must identify the action, division, and nature of the paper, and show the filing date on its first page.

The Clerk shall see that every paper filed in a case shows, upon its face, the style and number of the action, the Division in which it is pending, and identifies the nature of the paper . Every paper filed in a case shall bear on the first page the date of filing

CRITICAL

Applies to

Family court case data sheet

A fully completed Family Court Case Data Sheet is required in every case.

A Family Court Case Data Sheet must be fully completed in all cases.

CRITICALCivil cases

Applies to

Proposed order

The proposed order must state that all parties are aware of and do not oppose its entry.

The proposed order shall state that all parties are aware of and do not oppose entry of the order.

WARNING

Applies to

Property schedule

The personal property schedule directs the filer to list automobiles, household goods, and other items.

(List automobiles, household goods, and other items .)

WARNING

Applies to

Answer

A Respondent may refute the schedule in the answer with a sworn counter disclosure statement; otherwise, the Petitioner’s itemized listing is accepted as agreed or stipulated.

The Respondent may refute this in the answer with a sworn counter disclosure statement or the Petitioner's itemized listing will be accepted as agreed or stipulated .

WARNING

Applies to

Pretrial brief

The Court may require each party to submit a short pretrial brief and will set its filing time in the Pretrial Order if it does.

The Court may require each party to submit a pretrial brief, consisting of a short memorandum of counsel's view of the facts and law upon which counsel will rely and, if so, the Court will fix the time for filing such briefs in the Pretrial Order.

WARNINGCivil cases

Applies to

Case management report

The report should identify any parties who anticipate needing a confidentiality or protective order.

d. Confidentiality. The report should indicate which parties, if any, anticipate the need for a confidentiality/protective order.

WARNINGCivil cases

Applies to

Joint case management report

If the parties do not agree on a mediator, the report should list each party’s choice.

If the parties do not agree on a mediator, then the report should list each party’s choice of mediator.

WARNINGCivil cases

Applies to

Case management report

For derivative claims, the report should summarize the parties’ positions on whether proper demand was made.

If the complaint or subsequent pleading includes derivative claims, then the report should summarize the parties’ positions on whether proper demand was made.

WARNINGCivil cases

Applies to

Case management report

The report's initial-motions section should identify planned emergency-relief, dismissal, and other early-stage motions; may include a short explanation of the basis; should list the projected filing date; and should discuss agreed deadlines for amending pleadings or adding parties and their impact on the case.

e. Initial motions. This section of the report should list whether any party plans to file a motion for emergency relief, a motion to dismiss, or any other early-stage motion. The party that plans to file the motion may provide a short explanation of the basis for the motion. That party should also list the projected date on which the motion it plans to file the motion. This section should also discuss whether the parties have agreed on any deadlines for amending the pleadings or adding parties and the impact of those deadlines on the case.

WARNINGCivil cases

Applies to

Joint case management report

If the parties agree an order should be entered but disagree on its terms, the report should explain the disagreement and identify disputed language.

If the parties agree that a confidentiality/protective order should be entered but do not agree on the terms of that proposed order, the report should explain the nature of the disagreement and any specific language in dispute.

WARNING

Applies to

Property schedule

Other marital debts should not include debts already listed as liens.

(Do not include above as liens .)

WARNINGCivil cases

Applies to

Case management report

If multiple related proceedings exist, the parties should state their views on efforts to undertake, including consolidation or shared discovery.

If there are multiple related proceedings, then the parties should state their views on what efforts, including but not limited to consolidation or shared discovery, should be undertaken.

WARNINGCivil cases

Applies to

Joint case management report

The report should identify which parties, if any, anticipate needing a confidentiality or protective order.

The report should indicate which parties, if any, anticipate the need for a confidentiality/protective order.

WARNINGCivil cases

Applies to

Joint case management report

If the pleading includes class allegations, the report should cover class-certification discovery proposals, sequencing of class and merits discovery, and a proposed deadline for the class-certification motion.

If the pleading includes class action allegations, then the report should summarize the parties’ agreement and/or competing proposals for the timing, nature, and extent of class certification discovery, how and/or whether class and merits discovery should be bifurcated or sequenced, and a proposed deadline for the plaintiff(s) to move for class certification.

WARNING

Applies to

Final disclosure statement

A party may adopt the Preliminary Disclosure Statement as the Final Disclosure Statement if there have been no changes and the Court has been notified.

D. A parties' Preliminary Disclosure Statement may also be adopted as his/her Final Disclosure Statement if there have been no changes and the Court has been given notice thereof.

WARNING

Applies to

Attested copy of filed record

Whenever practicable, an attested copy of a filed record must bear the date it was made, including the day, month, and year.

Attested copies of all records filed, whenever practicable, shall have endorsed thereon the date (day, month and year) that said copy was made

WARNING

Applies to

Property schedule

The marital real estate schedule must include a copy of the deed and, if the property is financed, a copy of the bank appraisal.

(Attach copy of Deed and, if financed copy of bank appraisal .)

WARNINGCivil cases

Applies to

Case management report

The report should identify matters that might be appropriate for reference to a special master or referee.

The report should identify any matter(s) that might be appropriate for reference to a special master or referee.

WARNING

Applies to

Mediation outcome report

At the conclusion of mediation, the mediator must report its outcome to the Court and the Family Court Judge's Office without comment.

1. At the conclusion of mediation, the mediator shall report without comment to the Court and the Family Court Judge's Office as to the outcome of the A termination or non-agreement shall be without prejudice to either party. mediation, (i.e. a full agreement, partial agreement or mediation terminated).

WARNING

Applies to

Mediation materials

Mediation materials include asset-valuation documents, debt-payment and balance records, and materials requested by the mediator before the conference.

a. Copies of all documents supporting valuation of assets; b. Copies of all documents verifying monthly payments and outstanding balances on all debts; and, c. All information and copies of all documents requested by the Mediator prior to the mediation conference.

WARNING

Applies to

Property schedule

The non-marital real estate schedule must include a copy of the deed and, if the property is financed, a copy of the bank appraisal.

(Attach copy of Deed and, if financed, copy of bank appraisal .)

WARNINGCivil cases

Applies to

Case management report

The report should identify planned early-stage motions and projected filing dates, and discuss agreed deadlines for amending pleadings or adding parties and their impact; the moving party may also provide a short explanation of the motion’s basis.

b. Initial motions. The report should list whether any party plans to file any early stage motions, a motion to dismiss, or any other early-stage motion. The party that plans to file the motion may provide a short explanation of the basis for the motion. That party should also list the projected date on which it plans to file the motion. The report should also discuss whether the parties have agreed on any deadlines for amending the pleadings or adding parties and the impact of those deadlines on the case.

WARNING

Applies to

Mediation agreement

Mediation agreements must be signed by all parties and their counsel, if any, within ten working days.

a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.

WARNINGCivil cases

Applies to

Case management report

Counsel for the first named plaintiff is responsible for circulating the initial draft, incorporating other counsel’s views, and finalizing and filing the report.

Counsel for the first named plaintiff is responsible for circulating an initial draft of the report to other counsel for the parties, for incorporating into the report the views of all other counsel, and for finalizing and filing the report.

WARNINGCivil cases

Applies to

Case management report

The report's discovery section should summarize the parties' agreements or competing proposals and cover at least a proposed discovery schedule, an electronically stored information protocol, limits on written discovery and depositions, privilege-log agreements, agreements about the effects of inadvertent privilege or work-product waiver, and expert discovery.

f. Discovery. The parties should summarize their agreement and/or competing proposals for discovery. The section should cover at least the following topics: i. a proposed discovery schedule; ii. an electronically stored information protocol; iii. limits on written discovery and depositions; iv. any agreements related to privilege logs; v. any agreement about the effects of the inadvertent waiver of attorney-client privilege or attorney work-product; and vi. expert discovery.

WARNINGCivil cases

Applies to

Case management report

The parties should summarize their discovery agreement or competing proposals, and the report should cover at least the listed discovery topics.

c. Discovery. The parties should summarize their agreement and/or competing proposals for discovery. The report should cover at least the following topics: i. a proposed discovery schedule; ii. an electronically stored information protocol; iii. limits on written discovery and depositions; iv. any agreements related to privilege logs; v. any agreement about the effects of the inadvertent waiver of attorney-client privilege or attorney work-product; and vi. expert discovery.

WARNINGCivil cases

Applies to

Case management report

The report should identify and discuss any other matters significant to case management.

The report should identify and discuss any other matters significant to case management.

WARNINGCivil cases

Applies to

Case management report

For class action allegations, the report should summarize the parties’ proposals on class discovery, sequencing or bifurcation of discovery, and a proposed class-certification motion deadline.

If the complaint or subsequent pleading includes class action allegations, then the report should summarize the parties’ agreement and/or competing proposals for the timing, nature, and extent of class certification discovery, how and/or whether class and merits discovery should be bifurcated or sequenced, and a proposed deadline for the plaintiff(s) to move for class certification.

WARNING

Applies to

Domestic relations schedule

The domestic relations schedule must include copies of the last three years of U.S. tax returns.

(Copies of U .S . Tax Returns for last three (3) years are attached hereto .)

WARNINGCivil cases

Applies to

Case management report

The report should describe any agreements or competing proposals concerning a special committee investigation, a stay, or other derivative-claim issues.

The report should also describe any agreement and/or competing proposals on any special committee investigation, any stay of proceedings, or other issues regarding the derivative claims.

WARNINGCivil cases

Applies to

Joint case management report

If the complaint includes derivative claims, the report should summarize the parties’ positions on whether proper demand was made.

If the complaint includes derivative claims, then the report should summarize the parties’ positions on whether proper demand was made.

INFOCivil cases

Applies to

Case management report

One or more parties may ask in the report to defer setting a discovery schedule until the Court decides initial motions, including motions to dismiss.

One or more parties may also ask the Court in the report to postpone creating a discovery schedule until after the Court decides any initial motions, including but not limited to, motions to dismiss.

INFOCivil cases

Applies to

Joint case management report

The parties are encouraged to consider creatively how a referee might expedite resolution of the case.

The parties are specifically encouraged to think creatively about how the use of a referee might expedite the resolution of the case.

INFO

Applies to

Course completion certificate

The Court urges facilitator personnel to provide attending litigants with course-completion certificates.

The Courts also urge the Domestic Facilitators Group personnel to provide attending litigants with certificates showing course completion .

INFO

Applies to

Status quo order motion

If the petitioner has not requested a Status Quo Order, the respondent may seek one at the initial appearance or file a motion as directed by the rule.

If a Status Quo Order is not requested by the Petitioner, the Respondent may also seek a Status Quo Order at the initial court appearance or may file a motion as directed in this rule.