Gallatin County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Pro bono case report

A private probation company must report monthly to the District Court on all court-referred pro bono cases, whether each was accepted or rejected, and reasons for any rejection.

Unless it first agrees, in writing, to report to the District Court on a monthly basis all pro bono cases referred to the private probation company by the Court and whether the company accepted or rejected the pro bono referral and, if rejected, the reasons for such rejection;

CRITICAL

Applies to

Motion

Motions to Withdraw and Motions to Appoint Warning Order Attorneys may be set at the Court's convenience if accompanied by the required affidavit.

*** Motions to Withdraw and Motions to Appoint Warning Order Attorneys, if accompanied by the required affidavit, may be set at the convenience of the Court.

CRITICAL

Applies to

Motion

Except for motions made orally during trial in chief, motions must be written and accompanied by a legal memorandum.

Motions may be made orally during the progress of trial in chief, but all other motions must be in writing and accompanied by legal memorandum.

CRITICAL

Applies to

Motion

Every motion must include notice of the hearing date and time.

All motions shall contain a notice of the date and time of the hearing.

CRITICAL

Applies to

Judgment or order

Judgments and orders presented for signature must include the scrivener's typed name and signatures, plus either counsel's certification of delivery to opposing counsel with the date or a "Have Seen" endorsement by all other attorneys of record.

All judgments and orders presented to the Court for signature shall contain the scrivener's typed name and signatures and: Contain a certification by counsel that the order has been sent or delivered to opposing counsel and the date sent or delivered. Opposing counsel shall file an objection only on the basis that the order or judgment is not in conformity with the ruling of the Court as soon as possible. If no objection is filed, the Court will enter the order or judgment, OR 2. Contain a "Have Seen" endorsement of all other attorneys of record. This endorsement shall constitute an acceptance by said counsel only that the order of judgment is in conformity with the ruling of the Court.

CRITICAL

Applies to

FINGAL-1 form

The FINGAL-1 form must be submitted for the judge's approval.

form FINGAL-1 provided by the Finance and Administration Cabinet and submit it for the judge's approval.

CRITICAL

Applies to

Annual proof

A private probation company must agree in writing to maintain a confidential complaint process and submit annual proof to the District Court, with a copy to the Administrative Office of the Courts, using Form AOC-411.

j- Unless it first agrees, in writing, to establish and maintain policies and/or procedures for the confidential receipt and investigation of complaints made by defendants alleging abusive behavior of the private probation company's employees, agents, or representatives, and provide proof thereof to the District Court on an annual basis, with copy of same submitted to the Administrative Office of the Courts, using Form AOC-411, Private Probation Agency Requirements and Agreement*;

CRITICAL

Applies to

Notice of hearing

The motion must be filed with the Gallatin Circuit Clerk with a hearing notice stating the date, time, place, and reserved hearing length.

The motion shall be filed with the Gallatin Circuit Clerk with a notice of hearing containing the date, time, and place where it shall be heard. All notices of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.

CRITICAL

Applies to

Initial petition

Where appropriate, the petition must include a completed fiduciary bond form with the amount blank and the proposed personal representative's qualifications.

There shall be filed with the Petition, where appropriate, a completed fiduciary bond form (with the amount left blank) and qualifications for the proposed personal representative.

CRITICAL

Applies to

Probated will

A will admitted to probate and the order admitting it must be recorded with the County Clerk.

Wills that are duly proven and admitted to probate in accordance with law together with the Order admitting the will to probate shall be recorded with the County Clerk's office.

CRITICAL

Applies to

Notice of hearing

A Gallatin County paternity or child-support motion must be filed with a hearing notice stating the hearing date and reserved hearing length.

The motion shall be filed with the Clerk of Gallatin County and shall contain a notice of hearing specifying on what date it will be heard. All notice of hearings shall include the length of time reserved for the hearing so that the opposing party can schedule additional time if needed.

CRITICAL

Applies to

Motion to set for trial

A motion to set a contested case for trial must state the nature of the action, jury-demand status, and estimated trial length, and certify that the case is ready to proceed to trial in 60 days.

All motions to set contested cases for trial shall state the nature of the action, whether or not a jury has been demanded, and the estimated length of trial. In addition, the filing of a motion to set for trial shall be a "Certification of Readiness" by counsel that the case is ready to proceed to trial in sixty (60) days.

CRITICAL

Applies to

Diversion contract

The diversion contract must specify the required conditions, referral services, length, any restitution or community service, and any special terms required by the judge, and must be presented to the judge for final approval.

1. Upon approval of participation in the Diversion Program, the accused shall meet with a Diversion Officer to establish and agree to a formal contract which will specify the condition required, the referral services to be used, the length of the contract, and the need, if any, for the accused to make required restitution or perform community service. The contract shall be presented for final approval to the trial judge, and upon its final approval, the terms of diversion shall commence. The Diversion Contract shall contain any special terms required by the trial judge.

CRITICAL

Applies to

Proof of service

Proof of service must state the service date and manner and list the names and addresses of all attorneys and unrepresented parties; the hearing place must also be designated when a party is self-represented.

Proof of service shall state the date and manner of service and shall include the names and addresses of all attorneys and parties not represented by counsel. Additionally, the place of the hearing shall be designated when there are parties acting pro se.

CRITICAL

Applies to

Written deposition

A written deposition executed under oath must set forth the required hearing testimony, including the specified information about minor children and each party’s monthly gross income or earning capacity.

2. A written deposition executed under oath by either party setting forth testimony required at a hearing and including the following: a. Whether either party has minor children from another relationship and, if so, the initials and birth years for those children. b. Each party's monthly gross income or earning capacity.

CRITICAL

Applies to

Notice

The notice requirements in KRS 395.016 must be followed.

The Notice requirements set forth in KRS 395.016 must be complied with.

CRITICAL

Applies to

Motion

Each motion must be accompanied by a supporting memorandum, except routine motions such as extensions of time.

Except for routine motions, such as for extensions of time, a supporting memorandum shall accompany each motion.

CRITICAL

Applies to

Final settlement

Each final settlement must be filed with a probate accounting summary.

A probate accounting summary shall be filed with each final settlement.

CRITICAL

Applies to

Appraisal objection

A party objecting to an appraisal must file written objections and arrange a hearing with the Court before the sale date.

Any party to a suit objecting to an appraisal shall file written objections thereto and shall arrange with the Court to have a hearing thereon prior to the date of sale.

CRITICAL

Applies to

FINGAL-1 form

In a voluntary termination of parental rights case where the Cabinet is made custodian, the GAL must submit form FINGAL-1 as described in Rule 10.2(A).

In voluntary termination of parental rights cases where the Cabinet for Health and Family Services is made custodian of the child, the GAL shall submit form FINGAL-1 as described in Rule 10.2(A).

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

Guardian ad litem application

An eligible attorney applying to be a GAL for a child, adult prisoner, or person of unsound mind in the specified actions may apply by submitting a resume and cover letter.

To be appointed as Guardian ad Litem for a child, an adult prisoner, or a person of unsound mind in actions other than those filed under KRS Chapters 199. 620, and 625, including but not limited to dissolution and custody actions, any licensed attorney in good standing with the Kentucky Bar Association may apply by submitting their resume with a cover letter.

CRITICAL

Applies to

Initial hearing documents

Where appropriate, the listed probate forms and orders must be presented to the Court at the initial hearing.

A. Where appropriate, the documents to be presented to the Court at the initial hearing for its review, findings and approval, shall include the following: 1. Waiver of Recording; 2. Petition; 3. Witness Form; 4. Order Probating Will and Appointing Executor; Order Appointing Fiduciary; Fiduciary Bond; and Certificate of Qualification

CRITICAL

Applies to

Motion for excess compensation

A WOA motion for excess compensation must state the hours and a brief description of services, explain the reasonableness of the requested fee, and state that the proceedings have concluded.

Motions for excess compensation shall include the following information: 1. The hours of service rendered with a brief description of the services rendered; 2. The reasonableness of the fee requested; and 3. That the action or proceedings have been concluded.

CRITICAL

Applies to

Affidavit

To compel a person examined under oath in a judgment discovery proceeding to appear again within six months, counsel must file an affidavit showing changed conditions or circumstances warranting another appearance.

Whenever a defendant, party or witness has appeared and been examined under oath on a discovery proceeding upon a judgment, such person shall not be compelled to appear again within six month unless an affidavit is filed by counsel showing a charge of conditions or circumstances warranting same.

CRITICAL

Applies to

Brief memorandum

Briefs and memoranda filed with the Court must cite evidence and law supporting every argument.

Briefs and memoranda filed with the Court shall contain citations to evidence and law that support all arguments advanced therein.

CRITICAL

Applies to

Order

Orders that the Civil Rules require to be served must direct the Circuit Clerk how to distribute them, including the stated mailing information.

All orders which are required under the Civil Rules to be served upon opposing parties or counsel, including judgments, final orders and orders affecting the running time for taking an appeal, shall contain directions to the Circuit Clerk for distribution thereof in the following manner: Mail copies to: John Jones Attorney for Plaintitt, Jane Doe 208 Main Street Anytown, Kentucky 41000

CRITICAL

Applies to

Exhibit list

At trial commencement or the preceding pretrial, each party's counsel must tender the Court and opposing counsel a list of intended trial exhibits with each exhibit's pre-marked number and a short description.

D. List of Exhibits. At the commencement of a civil trial, or at the pre-trial next preceding the commencement of a civil trial, each party's counsel shall tender to the Court and to opposing counsel, a list of all exhibits the party then intends to utilize at trial; the list shall contain the pre-marked number and short description of the exhibit.

CRITICAL

Applies to

Motion for attorney fees

A WOA seeking compensation above the current court-set fee must submit a motion for attorney's fees with an attached order for judicial approval.

Any WOA seeking payment in excess of the current fee set by the Court, shall prepare a motion for attorney's fees with an attached order and submit it for the judge's approval.

CRITICAL

Applies to

Guardian ad litem or friend of the court appointment order

Unless the Court directs otherwise, the judge's office must prepare the appointment order in a dissolution or custody case and specify each party's percentage of financial responsibility.

When a GAL for a child or an FOC is appointed in a dissolution of marriage or custody case under KRS Chapter 403, unless otherwise directed by the Court, an Order Appointing a Guardian ad Litem or Order Appointing a Friend of the Court shall be prepared by the judge's office specifying each parties' percentage of financial responsibility.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue the summons for a time the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons for a time when the matter may be heard by the receiving judge.

CRITICAL

Applies to

Discovery response

A party must supplement all required discovery responses, including witness and expert-witness names and locations, no later than 30 days before trial.

It shall be the duty of a party to supplement all required responses to discovery including the identity (names and location) of all witnesses and expert witnesses not later than thirty (30) days prior to the trial date.

CRITICAL

Applies to

Petition

The reviewing judge must indicate in the petition’s Court Action section which type of protective-order action resulted.

The judge reviewing a petition for an order of protection shall indicate in the Court 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

CRITICAL

Applies to

Motion for compensation

A WOA motion for compensation must state the hours and a brief description of services, explain the reasonableness of the requested fee, and state that the proceedings have concluded.

Motions for compensation shall include the following information: 1. The hours of service rendered with a brief description of the services rendered; 2. The reasonableness of the fee requested; and 3. That the action or proceedings have been concluded.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must address restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the defendant's obligations during diversion.

The Order of Diversion shall include: 1. Restitution, if applicable . Restitution is mandatory where victim has suffered monetary damage per KRS 533 .254. 2. Whether the diversion shall be supervised or unsupervised and include supervision fees, which are to be no less than $25 .00 per month. 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 .303(1) [conditions of probation-restitution], direct the defendant not to commit any offense during the period of 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

Criminal complaint

Private citizens seeking criminal process or registering a complaint in Boone County must provide an authorized recipient with a written, sworn affidavit for the criminal complaint.

A. Private citizens who wish to obtain criminal process or otherwise register a complaint within Boone County shall provide any person authorized to take criminal complaints with a written and sworn affidavit for a criminal complaint.

CRITICAL

Applies to

Filing

In custody, parenting-time, and child-support actions, filings may disclose only a minor child’s initials unless the case is confidential.

When referring to minor children in custody, parenting time, and child support actions, only the child's initials shall be disclosed, unless filing in a confidential case.

CRITICAL

Applies to

Motion

Must include

proposed order

A motion filed with the Clerk must be accompanied by a tendered order, except when the Civil Rules require the order to contain findings of fact made by the Court.

No motion shall be filed in the Clerk's office unless same is accompanied by the tendered order for the Court's consideration. The rule shall not apply if the order sought is required by the Civil Rules to contain findings of fact to be made by the Court.

CRITICAL

Applies to

Joint affidavit

The joint affidavit for AOC kiosk litigants states that the parties waive appearance at the final uncontested hearing.

In accordance with FCRPP 3(1)(a), we waive our right to appear before this Court for a final uncontested hearing for the dissolution of our marriage.

CRITICAL

Applies to

Insurance proof

A private probation company must agree in writing to maintain at least $1 million in liability insurance, provide annual proof to the District Court, and submit a copy to the Administrative Office of the Courts using Form AOC-411.

Unless it first agrees in writing to maintain liability insurance in an amount equal to a minimum of $1 million dollars and provides proof thereof to the District Court on an annual basis, with copy of same submitted to the Administrative Office of the Courts, using Form AOC-411, "Private Probation Agency Requirements and Agreement";

CRITICAL

Applies to

Settlement

Disbursements must be supported by original photocopies, such as vouchers, receipts, or canceled checks, filed with the settlement in the order shown there.

All disbursements shall be supported by the original photocopy which may include voucher, receipts or canceled checks filed with the settlement and in the order as shown on the settlement.

CRITICAL

Applies to

Protective order 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 person 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.

CRITICAL

Applies to

Dna petition

File a DNA petition with the Family Court Clerk's office.

B. Pursuant to FCRPP 19 the petition for DNA shall be on the AOC-DNA-1 form provided by the Administrative Office of the Courts (AOC). The petition shall be filed with the Family Court Clerk's office.

CRITICAL

Applies to

Extension motion

An opposed extension motion must be accompanied by a tendered order granting the motion.

If a request for an extension of time is opposed, the party seeking the extension shall file a motion setting forth the reasons why an extension is necessary together with a tendered order granting the motion.

CRITICAL

Applies to

Pleading

Every pleading submitted for filing must include the name, address, and phone number of both the Estate's attorney and the personal representative.

The name, address and phone number of both the attorney for the Estate and the personal representative of the estate shall be included on all pleadings submitted for filing.

CRITICAL

Applies to

Report

Private probation companies must report monthly each court-referred pro bono case, whether it was accepted or rejected, and the reasons for any rejection.

Assure that all private probation companies report to the Court on a monthly basis all pro bono cases referred to such company by the Court and whether such company accepted or rejected such pro bono referral and, if rejected, the reasons for such rejection;

CRITICAL

Applies to

Notice of hearing

Gallatin County juvenile, civil domestic-violence, and interpersonal protective matters must be filed with the county clerk and include a hearing notice specifying the date given by the clerk's office.

All Gallatin County juvenile matters (status offense cases and dependency, neglect, and abuse cases), civil domestic violence matters, and interpersonal protective matters shall be filed with the Clerk of Gallatin County and shall contain a notice of hearing specifying on what date they will be heard. Said date will be given by the Gallatin County Clerk's Office.

CRITICAL

Applies to

Motion

Every motion must state precisely the relief requested.

Motions. All motions shall state precisely the relief requested.

CRITICAL

Applies to

Diversion report

The Pretrial Service office must prepare a diversion report containing the specified eligibility information and make it available to the County Attorney, Trial Judge, and Defendant before participation is approved.

A diversion report shall be prepared by the Pretrial Service office of the court and such report shall contain basic pretrial information, record of any past offenses and convictions, record of any prior participation in the diversion program or other similar program, employment status, length of residence in the area, and any other information necessary to determine eligibility and appropriateness of approval to participate in the Diversion Program. Prior to approval for participation in the Diversion Program the diversion report shall be made available to the County Attorney, the Trial Judge, and the Defendant.

CRITICAL

Applies to

Motion for attorney fees

A WOA seeking payment in a dependency, neglect, and abuse case must submit a motion for attorney's fees with an attached order for judicial approval.

Any warning order attorney (WOA) appointed in a dependency, neglect, and abuse case seeking payment shall prepare a motion for attorney's fees with an attached order and submit it for the judge's approval.