Fulton County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Order

Must include

certificate of service

Every civil, criminal, and domestic order to be entered by the Court must contain the Clerk's certification of service for all parties.

All civil, criminal, and domestic orders to be entered by the Court shall contain a Clerk's certification of service for all parties.

CRITICALCriminal cases

Applies to

Diversion recommendation

When recommending diversion, 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) .

CRITICALCriminal cases

Applies to

Recommendation

The Commonwealth must submit a written recommendation to the Court for each application.

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

CRITICAL

Applies to

Motion

Each motion must contain a Notice specifying the hearing date, time, and place.

Each motion shall contain a Notice, which shall specify the date, time, and place for the hearing.

CRITICAL

Applies to

Motion to set trial date

The motion to set a trial date must be filed with a Report of Settlement Conference identifying all contested and settled issues.

In all contested domestic actions, prior to filing a motion for the court to set a trial date, the parties shall attend a settlement conference, either in person or by telephone, at which all contested issues shall be identified, and a Report of Settlement Conference, identifying all contested and settled issues shall be filed with the Motion.

CRITICAL

Applies to

Motion

In domestic cases with unresolved issues, petitioner’s counsel or a pro se petitioner shall file a motion requesting a Case Management Conference.

For all domestic cases with unresolved issues, the attorney for petitioner, or petitioner if pro se, shall file a motion requesting a Case Management Conference pursuant to FCRPP 2.

CRITICAL

Applies to

Adoption or termination matter

Petitioner’s attorney or a pro se petitioner is responsible for placing adoption or termination matters on the docket in time to comply with applicable statutory or rule deadlines.

Petitioner's attorney, or Petitioner, if pro se, shall be responsible for placing adoption/termination matters on the Court's docket so that the time limits set out in KRS 625.042 or FCRPP 36 shall, if applicable, be complied with.

CRITICALCriminal cases

Applies to

Written recommendation

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

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

CRITICAL

Applies to

Response

A party properly served with a motion and supporting grounds and authorities must file a response stating its grounds for opposition and citing supporting authorities.

Any party properly served with a motion accompanied by a statement of grounds and authorities shall file a response containing a statement of grounds for opposing the motion with citation of supporting authorities.

CRITICAL

Applies to

Motion

Motions for interlocutory decrees and uncontested final decrees must include proposed findings of fact, conclusions of law, and a proposed decree.

Motions for Interlocutory Decrees, and motions for uncontested final Decrees shall be accompanied by proposed Findings of Fact, Conclusions of Law, and a proposed Decree

CRITICAL

Applies to

Pleading

A pleading that refers to an exhibit as attached must actually include that exhibit.

Any pleading that refers to an exhibit as attached to the pleading shall, in fact, be accompanied by such exhibit, and opposing counsel shall not be

CRITICAL

Applies to

Motion to set adoption or termination

A motion to set an adoption or termination must be accompanied by proposed findings of fact, conclusions of law, and judgment.

Proposed Findings of Fact, Conclusions of Law, and Judgment, shall be tendered with any motion to set an adoption or termination.

CRITICALCriminal cases

Applies to

Pretrial diversion application

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

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 .

CRITICALCriminal cases

Applies to

Order of diversion

The Order of Diversion must include the listed provisions, including applicable restitution and supervision fees, the diversion duration, and the specified defendant 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 diversion . 4 . Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation Orders by this Court .

CRITICAL

Applies to

Certificate of attendance

Parties seeking dissolution must file with the Clerk the trainer-issued certificate documenting attendance by the parties and their subject children.

Parties seeking a dissolution must submit evidence to the Court that they and their subject children have attended this Families in Transition training by filing with the Clerk a certificate of attendance given by the trainer.

CRITICAL

Applies to

Notice

Upon filing a marriage dissolution action, the petitioner's attorney or unrepresented petitioner must file a separate notice advising the Court of any child born or adopted during the marriage who is 6–17 years old.

B. The Attorney for Petitioner or any unrepresented petitioner shall be required upon filing a marriage dissolution action to file a separate notice to the Court advising the Court that there is a minor child or children born or adopted during the marriage who are 6-17 years of age.

CRITICAL

Applies to

Motion

Must include

proposed order

Each motion submitted for filing must be accompanied by a separate proposed order.

No motion shall be accepted for filing by the Clerk unless accompanied by a separate proposed order.

CRITICAL

Applies to

Pleading

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

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

Order or judgment

After a rule is made or an opinion is rendered, counsel for all parties must tender and present an order or judgment conforming to the ruling or opinion.

Whenever any rule is made or opinion rendered, an order or judgment in conformity therewith shall be tendered by counsel for all parties thereto in conformity to the ruling or opinion and shall be presented to the Court.

CRITICALCriminal cases

Applies to

Written recommendation

When recommending diversion, the Commonwealth must submit written recommendations on its 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) .

CRITICAL

Applies to

Order or judgment

The order or judgment must state if the affected party is unrepresented or that party’s counsel declines to attest it.

If the party against whom the order or judgment is to be entered is not represented by counsel; or be represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon.

CRITICAL

Applies to

Motion

A motion going to the merits must include a brief statement of its grounds and citations to relied-upon authorities.

All motions going to the merits of the case, including motion to dismiss, motion for summary judgment, motion to strike, and motion under CR 12.02, shall be accompanied by a brief statement of the grounds for the motion with citation of authorities relied upon.

CRITICALCriminal cases

Applies to

Order of diversion

A diversion order must include applicable restitution, supervision details and fees, duration, and the specified conditions and other provisions used in the Court’s probation orders.

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 diversion . 4 . Defendant must obey all rules, regulations and conditions imposed by this Court and Probation and Parole . 5. Require the defendant to remain drug and alcohol free and is subject to random testing at his expense by any Probation or Parole Officer . 6. That the defendant will commit no violations of the Kentucky Penal Code or Controlled Substance Act . 7. That the defendant possess no firearm of any type during the pendency of this Order . 8. Any other provisions normally used in Probation 2 Orders by this Court .

CRITICAL

Applies to

Order or judgment

A signed order or judgment must be delivered to the Clerk for entry.

When signed by the Judge, the order or judgment shall be delivered to the Clerk for entry.

WARNING

Applies to

AOC-237 status quo order

A completed AOC-237 may be filed with the dissolution petition and shall be presented at the initial court appearance or upon proper motion.

A completed AOC-237, Status Quo Order, may be filed at the time the petition for dissolution is filed, and shall be presented at the initial court appearance or upon proper motion.