Franklin Circuit Court Document Filing Requirements

CRITICALCivil cases

Applies to

Beyond control petition

A school official filing a Beyond Control Petition must first contact a Franklin County Court Designated Worker and submit the AOC-JV-38.1 Affidavit and Beyond Control of School Evaluation Form with the petition.

If a school official wishes to file a Beyond Control Petition, they must first contact a Franklin County Court Designated Worker and submit an AOC-JV-38.1, Affidavit and Beyond Control of School Evaluation Form along with their petition to the court.

CRITICALCivil cases

Applies to

Income and child expense information

At a hearing where child support is at issue, each party’s counsel must exchange relevant income, children’s health care expense, and work-related child care information and documents without a formal request and as soon as practical.

at issue, counsel for each party shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his/her clients income, health care expenses covering the children, and work-related child care expenses.

CRITICALCivil cases

Applies to

Mandatory case disclosure form

If maintenance or property distribution is at issue, use the full mandatory Verified Disclosure form.

If maintenance is an issue, or if there are property distribution issues, please proceed to use the full mandatory Verified Disclosure form.

CRITICALCivil cases

Applies to

Mandatory case disclosure form

The declarant must make an under-oath declaration about their personal information.

, declare under oath that my personal information is:

CRITICALCivil cases

Applies to

Pretrial memorandum

Both parties must present pretrial memorandums at the pre-trial conference.

Pretrial memorandums from both parties shall be presented;

CRITICALCivil cases

Applies to

Mandatory case disclosure form

Identify expected lay witnesses and the issues about which each is expected to testify at trial.

Name the lay witnesses (non-experts, i.e., friends, family members, etc.) you expect to call at trial and the issue(s) you expect them to testify about.

CRITICALCivil cases

Applies to

Decree

Parties must comply with applicable FCRPP 3 provisions, but the court may waive its preliminary and final verified disclosure requirements.

Parties shall comply with all applicable provisions of FCRPP 3. However, the court may waive the preliminary and final verified disclosure requirements of FCRPP 3.

CRITICALCivil cases

Applies to

AOC Form 238

When disclosure is required, the entire AOC Form 238 must be completed.

If required, the entire AOC Form 238 must be completed.

CRITICALCivil cases

Applies to

Mandatory case disclosure form

Attach any further documentation or additional schedule required by a question.

If a question requires further documentation or an additional schedule, please attach.

CRITICALCivil cases

Applies to

Beyond control petition

A parent or guardian filing a Beyond Control Petition must first contact a Franklin County Court Designated Worker and submit the AOC-JV-38 Affidavit and Beyond Control of Parent Evaluation Form with the petition.

If a parent or guardian of a juvenile wishes to file a Beyond Control Petition, they must first contact a Franklin County Court Designated Worker and submit an AOC-JV-38, Affidavit and Beyond Control of Parent Evaluation Form along with their petition to the court.

CRITICALCivil cases

Applies to

Mandatory case disclosure form

Attach the four most recent pay stubs with the year-to-date earnings information.

My year to date earnings are (attach four [4] most recent pay stubs).

CRITICALCivil cases

Applies to

Schedule

The filer must attach the three most recent paycheck receipts or, if unavailable, other documented evidence of earnings for the last two months.

1. Your three (3) most recent paycheck receipts or other documented evidence of earning for the last two (2) months if such paycheck receipts are not available;

CRITICALCivil cases

Applies to

Mandatory case disclosure form

The disclosure form includes an acknowledgment that its financial information is accurate and that no additional assets, debts, or issues require disclosure to the declarant’s knowledge and belief.

I hereby acknowledge that the information contained in Disclosure is a true and accurate reflection of the financial disputes in the matter, and that there 's mandatory Case are no additional assets, debts, or issues that require disclosure, to the best of my knowledge and belief.

CRITICALCivil cases

Both parties must comply with the information filing requirements in FCRPP 9(6) and Family Court Rule 901.3.

Both parties must comply with the information filing requirements of FCRPP 9(6) and Family Court Kule 901.3.

CRITICALCriminal cases

Applies to

Motion

After successfully completing the Diversion Program, the defendant must move the Court to dismiss the diverted charges.

It is the burden of the defendant to move the Court for dismissal of diverted charges after successful completion of the Diversion Program

CRITICAL

Applies to

Order

A party tendering an order must include a distribution list with the name and address of each party who should receive a copy.

Any party who tenders an order shall include a distribution list with the name and address of each party who is to receive a copy of the order.

CRITICALCivil cases

Applies to

Schedule

The filer must attach complete copies of the last three federal income tax returns and the first page of the last three state income tax returns.

2. A full and complete copy of your last three (3) federal income tax returns and the first page of your last three (3) State income tax returns.

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

The Commonwealth must make a written recommendation to the Court for each Pretrial Diversion application.

The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533.250(2).

CRITICALCivil cases

Applies to

Truancy petition

A truancy petition must be filed with the AOC-JV-41 Affidavit and Truancy Evaluation Form.

In compliance with FCRPP 40(2), a petition alleging truancy shall, when filed, be accompanied by a AOC-JV-41, Affidavit and Truancy Evaluation Form which shall be for the aid of the court in determining the appropriate course of action upon disposition of the particular case.

CRITICAL

Applies to

Subsequent pleading

Parties must indicate the correct division on every subsequent pleading tendered to the Court.

Thereafter, it is the responsibility of the parties to indicate the correct division on all subsequent pleadings tendered to the Court.

CRITICALCivil cases

Applies to

Wage withholding

The Friend of the Court's or Centralized Collection Unit's Wage Assignment Order Form must be used for the wage withholding.

The Friend of the Court's or the Centralized Collection Unit's Wage Assignment Order Form (available through the Friend of the Court) shall be used for such wage withholding.

CRITICALCivil cases

Applies to

Worksheet for monthly child support obligations

Each party must furnish the court a completed Worksheet for Monthly Child Support Obligations immediately before any child support hearing, conforming to the evidence the party intends to introduce.

Each party shall furnish to the court, immediately prior to any child support hearing, a completed Worksheet for Monthly Child Support Obligations conforming to the proof the party intends to introduce.

CRITICALCivil cases

Applies to

Mandatory case disclosure form

All sections of the mandatory case disclosure form must be completed.

All sections must be completed.

CRITICAL

Applies to

Default judgment

A party must not include anything with a default judgment that states or implies the order is also a debt collection instrument.

A party shall not include with a default judgment anything that either states or implies that the order is also a debt collection instrument.

CRITICAL

Applies to

Default judgment order

A party tendering a default judgment order must include a distribution list with the names and addresses of all parties involved.

10.01 A party who tenders a default judgment order shall include a distribution list containing the names and addresses of all parties involved.

CRITICALCivil cases

Applies to

AOC Form 238

For an answer of “None,” “Not Applicable,” or “Unknown,” the corresponding statement must be entered in the applicable space.

If the answer to the question is "None," "Not Applicable," or "Unknown," the appropriate statement shall be inserted in the applicable space.

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

When recommending diversion, the Commonwealth must provide 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 . KRS 533.252(3).

CRITICALCriminal cases

Applies to

Pretrial diversion order

A Diversion Order must address restitution if applicable, supervision and applicable fees, duration, compliance with Probation and Parole rules, and the specified offense and statutory-condition requirements.

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 and Parole. 5. As required by KRS 533.030(1) 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 ofKRS 533.030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Judgment or order

When the Court directs counsel to tender an order, counsel must note “Have Seen” on the judgment or order before the Court signs or enters it.

Counsel shall make the notation Have Seen" on any judgment or order before the signature of the Court or entry, in all cases where the Court has directed counsel to tender an order.

CRITICALCriminal cases

Applies to

Pretrial diversion application

For a Pretrial Diversion application, counsel must state that the defendant waives speedy-trial or speedy-disposition rights if diversion is granted, and the defendant must agree on the record.

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 .

CRITICALCivil cases

Applies to

Wage withholding

The prevailing party is responsible for drafting, filing, and mailing the Wage Withholding.

It shall be the responsibility of the prevailing party to draft, file and mail the Wage Withholding.

CRITICALCivil cases

Applies to

Paycheck receipts

The parties must exchange the last three paycheck receipts from current or most recent employment to determine income earning capacity.

The last three (3) paycheck receipts from the party's current or most recent employment for the purpose of determining income earning capacity; and

CRITICALCivil cases

Applies to

Mandatory case disclosure form

For any section answered as none, not applicable, or unknown, provide that response accordingly.

If the answer to a given section is "None," "Not applicable," or "Unknown," answer that section accordingly.

CRITICALCivil cases

Applies to

Child support order

All child support orders must comply with FCRPP 9(2).

All child support orders shall comply with FCRPP 9(2)

CRITICAL

Applies to

Motion

Parties must attach supporting memoranda to motions when they file them.

Parties shall attach supporting memoranda to the motions at the time of filing.

CRITICAL

Applies to

Motion

A motion involving real property must be noticed for a specific hearing date.

All motions that involve real property shall be noticed for a specific hearing date.

CRITICALCivil cases

Applies to

Income tax returns

The parties must exchange federal tax returns with schedules and the first full page of state tax returns for the prior three calendar years for discovery only; the returns must not be filed with the Circuit Clerk or made public.

Complete Federal Income Tax Returns with schedules and the first full page of the party's State Income Tax Returns for the three previous calendar years (for the sake of confidentiality, these tax returns shall only be exchanged between parties for the purpose of discovery, and shall not be filed with the Circuit Clerk nor be made public record in any way);

CRITICALCivil cases

Applies to

Motion for release of privileged records

A subpoena and release order for psychiatric or other privileged records may issue only on the requesting party’s motion accompanied by an affidavit stating legitimate grounds and a statutory or common-law basis.

Subpoenas and accompanying orders for release of psychiatric and other privileged records shall only be issued by the court upon motion by the requesting party, accompanied by an appropriate affidavit, which shall set forth legitimate grounds for the request. Said affidavit shall specifically state a statutory and/or common-law basis for the issuance of the subpoena and order.

CRITICALCivil cases

Applies to

Case filing

Must include

caption

Cases filed in the Family Court must use the specified caption style.

A. Cases filed in the Family Court shall be styled as follows: COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT DIVISION III FAMILY COURT CASE NO:

CRITICALCivil cases

Applies to

Documents for non earnings income

The parties must exchange documents pertaining to income from sources other than earnings.

Documents pertaining to income from sources other than earnings.

CRITICALCivil cases

Applies to

Dissolution disclosure

Parties must comply with the specified disclosure requirements unless the court waives them.

The parties shall comply with the disclosure requirements of FCRPP 2(1), (3), and (4) unless waived by the court.

CRITICAL

Applies to

Motion

A motion requiring a hearing must be noticed for a specific hearing date.

All motions that require a hearing shall be noticed for a specific hearing date.

CRITICALCivil cases

Applies to

Pleading

Pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, and 407.

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

WARNINGCivil cases

Applies to

Schedule

The schedule asks the filer to identify expected expert witnesses and the issues they will address.

Name the expert witnesses (doctors, accountants, etc.) you expect to call at trial and the issue(s) you expect them to address.

WARNINGCivil cases

Applies to

Certificate

The form includes a certificate stating that a copy of the disclosure acknowledgment and attachments was mailed to counsel.

It is hereby certified that a copy of the foregoing Mandatory Case Disclosure Acknowledgment/Stipulation (with attachments) was mailed on this day of → to: Counsel for

WARNINGCivil cases

Applies to

Schedule

The schedule contains a certification that the information provided is true to the best of the signer's knowledge, information, and belief.

I hereby certify that the above information is true to the best of my knowledge, information and belief.

WARNINGCivil cases

Applies to

Schedule

The schedule provides for the signer's statement to be subscribed and sworn before a notary public.

Subscribed and sworn to before me this day of NOTARY PUBLIC, STATE AT LARGE My commission expires:

WARNINGCivil cases

Applies to

Schedule

The schedule asks the filer to identify cases from the past year in which they were a party and provide specified case details.

Please give the name of the case, case number, and name of the Court or Administrative Agency for any case to which you are or have been a party within the last year, as well as a brief description of the nature of the case and the present status of the case.

WARNINGCivil cases

Applies to

Schedule

The schedule asks the filer to estimate the trial's length in hours or days.

How many days to you expect this trial to take? hours _days.

INFO

Applies to

AOC Form 280

To alert the Court to motions submitted for final adjudication, a party is encouraged to file AOC Form 280 and mail a copy to the Judge; alternatively, the party may file a motion to submit and notice it for Civil Motion Hour.

11.01 To submit a case for final adjudication a party is encouraged to complete and file AOC Form 280 with the Clerk to bring the Court's attention to submitted motions. A copy of the AOC Form 280 should also be mailed to the Judge. In the alternative, a party may file a motion to submit and notice the motion for Civil Motion Hour.