Gallatin County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Notarized statement

The parties must provide a notarized statement signed by both affirming exchange of their preliminary verified disclosure statements and either filing or waiving their final verified disclosure statements.

3. A notarized statement signed by both parties affirming that the parties have exchanged their preliminary verified disclosure statements (AOC- 238) and have either filed their final verified disclosure statements (AOC- 239) or that they waive such filing.

CRITICAL

Applies to

FINGAL-1 form

A GAL or CAC seeking payment in a dependency, neglect, and abuse case must complete form FINGAL-1 and submit it for judicial approval.

Any Guardian ad Litem (GAL) or Court Appointed Counsel (CAC) appointed in a dependency, neglect, and abuse case seeking payment shall complete form FINGAL-1 provided by the Finance and Administration Cabinet and submit it for the judge's approval.

CRITICAL

Applies to

Private probation company compliance form

Private probation companies must use Form AOC-411 to comply with SCR 9.020.

Form AOC-411, "Private Probation Agency Requirements and Agreement," shall be used by the private probation company to comply with the requirements set out in SCR 9.020.

CRITICAL

Applies to

Pleading

Pleadings must identify their authorship under Civil Rule 11; an interested natural person who is not an attorney must sign their paper and state their address.

C. All pleadings shall contain the authorship thereof in accordance with Civil Rule 11 except that a natural person who has an interest in an estate, either a beneficiary or personal representative, may present such papers even though he or she is not an attorney at law, however such person shall sign his pleadings, motion or other paper and state his address, pursuant to CR 11.

CRITICAL

Applies to

Notice of hearing

Every hearing notice must state the amount of time reserved for the hearing.

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

Promissory note

When a claim is based on a promissory note, the original note must already have been filed or be filed with the submission; otherwise, the reason must be stated.

D. If the basis of plaintiff's claim is a Promissory Note, the original note has previously been filed herein or is filed herewith. If not, the reason:

CRITICAL

Applies to

Motion

A CR 12.02 defense asserted in a responsive pleading must be brought before the Court for resolution by motion.

Defenses referred to in CR 12.02 asserted in a responsive pleading shall be brought to the attention of the Court for disposal of the issue by a motion.

CRITICAL

Applies to

Referral order

The attorney who moved to refer an action to the Master Commissioner must deliver a copy of the referral order to the Master Commissioner's Office.

The attorney who moved to refer an action to the Master Commissioner shall deliver a copy of the Order referring the case to the Master Commissioner to the Master Commissioner's Office.

CRITICAL

Applies to

Emergency custody affidavit

After working hours, affidavits for emergency custody shall be requested through the Cabinet for Health and Family Services (CHFS) and submitted to the Family Court Judge on call or the District Court Judge on call if a Family Court Judge is not available.

After working hours, affidavits for emergency custody shall be requested through the Cabinet for Health and Family Services (CHFS) and submitted to the Family Court Judge on call or the District Court Judge on call if a Family Court Judge is not available.

CRITICAL

Applies to

Motion

Must include

proposed order

Emergency-hearing and ex-parte motions must be submitted for judicial review with attached affidavits and a proposed order.

B. All motions for emergency hearings and ex-parte motions shall be submitted for the judge's review with attached affidavit(s) and a proposed order.

CRITICAL

Applies to

Request to serve as guardian ad litem or court appointed counsel

An eligible attorney requesting appointment as a GAL or court-appointed counsel in the specified actions must provide proof of the initial and ongoing training required by FCRPP 37.

To be appointed as Guardian ad Litem (GAL) or Court-Appointed Counsel (CAC) in any action filed under KRS Chapters 199, 620, and 625, any licensed attorney in good standing with the Kentucky Bar Association who satisfies the requirements of FCRPP 35 through 38 may request to serve by providing proof of the initial and on-going training required by FCRPP 37.

CRITICAL

Applies to

Default judgment motion

A default-judgment motion must include the specified certificate and, if required, a Military Affidavit.

Motions for Default Judgments shall be accompanied by the following certificate in addition to the Military Affidavit, if a Military Affidavit is required: DEFAULT JUDGMENT CERTIFICATE Plaintiff, by counsel, certifies that: A. No papers have been served on plaintiff's counsel by the defendant(s) in default. B. Defendant(s) were served on

CRITICAL

Applies to

Discovery motion

Must include

certificate of conference

The moving party shall attach to the motion a certification that counsel has conferred and have been unable to resolve their differences. This certification should detail the efforts made to resolve the dispute.

The moving party shall attach to the motion a certification that counsel has conferred and have been unable to resolve their differences. This certification should detail the efforts made to resolve the dispute.

CRITICAL

Applies to

Order tendered at court direction

An order tendered at the Court’s direction must include a signature line for opposing counsel or the pro se party to acknowledge that it is consistent with the Court’s order.

Orders tendered at the Court's direction shall include a signature line for the opposing counsel or pro se party to indicate their acknowledgement that the tendered order is consistent with the Court's order.

CRITICAL

Applies to

Speedy trial waiver statement

An accused approved for diversion must sign a speedy-trial waiver statement and must first be given the opportunity to consult an attorney if desired.

Upon approval for participation in the Diversion Program, the accused must sign a statement waiving his or her right to a speedy trial. Prior to signing such statement the accused shall be given the opportunity to consult with an attorney if he or she so desires.

CRITICAL

Applies to

Order of withdrawal

The Clerk may pay the money to an attorney only if the order of withdrawal authorizes that attorney by name.

The Clerk shall not pay such money to an attorney unless such attorney is so authorized by name in the order of withdrawal.

CRITICAL

Applies to

Accounting

A private probation company must maintain accurate, complete accounts of all money received from a defendant and provide an accounting to the Court upon request.

Unless it first agrees, in writing, to maintain accurate and complete accounts of all monies received from the defendant, in accordance with proper accounting practices and procedures, and provide any such accounting upon request from the Court;

CRITICAL

Applies to

Inventory

The inventory must be filed in duplicate with the Probate clerk.

A personal representative shall file an inventory in duplicate with the Probate clerk within two (2) months from the time of qualifying as said personal representative.

CRITICAL

Applies to

Brief pleading memorandum

Original of briefs, pleadings and memoranda filed in the Court shall not be withdrawn from the files, except upon order of the Court. Only originals of briefs, pleadings and memoranda shall be filed in the court record, except upon order of the Court or by agreement of the parties filed in the court record. Failure to provide original briefs, pleadings and memoranda for the court record may result in them being stricken from the record.

Original of briefs, pleadings and memoranda filed in the Court shall not be withdrawn from the files, except upon order of the Court. Only originals of briefs, pleadings and memoranda shall be filed in the court record, except upon order of the Court or by agreement of the parties filed in the court record. Failure to provide original briefs, pleadings and memoranda for the court record may result in them being stricken from the record.

CRITICAL

Applies to

Joint affidavit

The joint affidavit attests that preliminary verified disclosure statements were exchanged and records either filing final statements or agreeing to waive their filing.

We affirm that we have exchanged our preliminary verified disclosure statements (AOC-238) and have either: Filed our final verified disclosure statements (AOC-239) on the following date: OR We agree to waive the filing of final verified disclosure statements.

CRITICAL

Applies to

Fee schedule

A private probation company must provide the Court an annual written fee schedule that includes an ability-to-pay sliding scale for indigent defendants and submit a copy to the Administrative Office of the Courts using Form AOC-411.

Unless it first agrees, in writing, to provide the Court on an annual basis with a written schedule of fees to be charged, such schedule to include a sliding scale fee schedule for indigent defendants based upon their ability to pay, 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

Default judgment motion

Must include

proposed order

A request for default judgment must be made by written motion accompanied by an attorney certification that the defaulting party served no papers and a tendered default judgment.

A party seeking a judgment by default shall file a written motion for such a judgment. The motion must be accompanied by a certification of the attorney that no papers have been served upon him or her by the party in default. The motion must also be accompanied by a tendered default judgment for the Court's consideration.

CRITICAL

Applies to

Petition

A completed fiduciary bond form with the amount left blank must be filed with the petition.

There shall be filed with the Petition a completed fiduciary bond form (with the amount left blank).

CRITICAL

Applies to

Motion to submit or agreed order to submit

If the parties agree on all issues and seek a decree without a hearing, either party may file a Motion to Submit or Agreed Order to Submit, which must include a notarized separation agreement settling all issues.

A. If the parties reach an agreement on all issues and seek the entry of a decree without a hearing per FCRPP 3(1), either party may file a Motion to Submit or an Agreed Order to Submit that contains the following information and attachments: 1. A notarized separation agreement settling all issues between the parties;

CRITICAL

Applies to

Brief pleading memorandum

Briefs, pleadings, and memoranda filed with the Court must identify filing counsel by name, address, Kentucky Bar Association number, party representation, and telephone number with area code.

All briefs, pleadings and memoranda filed with the Court shall include the name, address, Kentucky Bar Association number, party representation and telephone number, including area code, of the attorney of record for the party tiling them.

CRITICAL

Applies to

Notice of hearing

A Boone 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 Boone County and shall contain a notice of hearing specifying on what date it will 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

FINGAL-1 form

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

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

CRITICAL

Applies to

Annual proof

A private probation company must agree in writing to maintain training or certification requirements for staff who supervise defendants and submit annual proof to the District Court, with a copy to the Administrative Office of the Courts, using Form AOC-411.

k. Unless it first agrees, in writing, to establish and maintain training and/or certification requirements for its employees, agents, or representatives who supervise defendants, 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

Petition

The judge reviewing a protective-order petition must identify in its Court Action section whether the resulting case 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.

CRITICAL

Applies to

Initial petition

An initial Petition for appointment of a fiduciary, probate of a will or similar initial proceeding shall be filed in the Probate division of the District Clerk's office, assigned a case number and all required fees paid, including a check payable to the County Clerk for recording the will and Order admitting same to probate if a will is involved.

An initial Petition for appointment of a fiduciary, probate of a will or similar initial proceeding shall be filed in the Probate division of the District Clerk's office, assigned a case number and all required fees paid, including a check payable to the County Clerk for recording the will and Order admitting same to probate if a will is involved.

CRITICAL

Applies to

Supplemental joint affidavit

Pro se litigants who use the AOC self-help kiosks to generate divorce documents must also submit the supplemental Joint Affidavit available at the local circuit clerk’s office.

6. Pro se litigants using the AOC self-help kiosks to generate their divorce documents must also submit a supplemental Joint Affidavit available at the local circuit clerk's office. See Appendix C.

CRITICAL

Applies to

Protective order petition

The court must accept and file petitions for protection.

and shall be accepted and filed with the court.

CRITICAL

Applies to

Attorney signed paper

Attorney-signed papers must be signed as provided by the applicable rules and include the attorney’s identifying and contact information in the signature block.

A. All pleadings, motions, appearances, entries of satisfaction, stipulations or any other and this Rule. In addition, the clearly legible typewritten name, address, Kentucky paper required to be signed by an attorney must be signed as provided for in the CR Bar Association number and party representation of such attorney, the office telephone number including area code, shall appear as a portion of the signature block.

CRITICAL

Applies to

Waiver of right to hearing

The Respondent must provide a notarized waiver of the right to a hearing.

4. A notarized waiver of the right to a hearing executed by the Respondent.

CRITICAL

For an automobile property-damage claim, the submission must include a repair estimate or other damage evidence and a statement that the estimate does not exceed the automobile’s fair market value.

E. If the basis of plaintiff(s) claim is property damage to an automobile, a copy of the repair estimate or other document evidencing the damages sought in the Complaint, with a statement that the repair estimate does not exceed the fair market value of the automobile order payment to an attorney of record. The Clerk shall not pay such money to an attorney unless such attorney is so authorized by name in the order of withdrawal. Such order may issue on motion without notice.

CRITICAL

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.

CRITICALCriminal cases

Applies to

Court record

If the Court accepts the diversion agreement, the record must contain a specific finding that the defendant entered the plea and agreement voluntarily and with understanding.

The Court will thereafter advise the parties whether it will accept the diversion agreement. If it is accepted, a specific finding shall be made on the record that the defendant entered the plea and entered into the diversion agreement voluntarily, freely, intelligently and understandingly .

CRITICALCriminal cases

Counsel must state, and the defendant must agree on the record, 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.

CRITICAL

Applies to

Settlement

Every settlement must state whether it is periodical or final.

All settlements shall include the following: 1. Whether the settlement is periodical or final.

CRITICAL

Applies to

Uniform statewide form

Uniform statewide forms must identify the Court as Boone or Gallatin District Court, as applicable.

Uniform state-wide forms shall be completed to reflect the Court title as Boone or Gallatin District Court.

CRITICAL

Applies to

Motion or notice

A motion or notice must be filed with the clerk before a hearing date will be confirmed.

Your hearing date will not be confirmed until a motion or notice is filed with the clerk.

CRITICAL

Applies to

Motion

The motion must be filed with the Boone Circuit Clerk with a notice of hearing stating the hearing's date, time, and place.

The motion shall be filed with the Boone Circuit Clerk with a notice of hearing containing the date, time, and place at which it shall be heard.

CRITICAL

Applies to

Probation progress report

A private probation company must report to the District Court on a defendant's progress and compliance as often as the Court requires.

Unless it first agrees, in writing, to report to the District Court, as often as the Court requires, on the defendant's progress and compliance with his or her terms of probation or conditional discharge;

CRITICAL

Applies to

Motion for attorney fees

At disposition, a WOA appointed under CR 4.07 in a paternity or child support action must prepare a motion for attorney's fees accompanied by a tendered order with a blank for the judge to enter the fee.

When a WOA is appointed pursuant to CR 4.07 in paternity or child support actions, at the disposition of the case and in accordance with Rule 10.2(D), the WOA shall prepare a motion for attorney's fees. A tendered order shall accompany the motion and said order shall leave a blank for the judge to fill in the awarded fee.

CRITICAL

Applies to

Motion

Motions other than motions to set for trial must state supporting authority.

All motions, other than motions to set for trial, must recite authority.

CRITICAL

Applies to

Final settlement

A photocopy of the Kentucky Inheritance Tax acceptance must be filed with every final settlement of a decedent's estate.

A photocopy of the Kentucky Inheritance Tax acceptance shall be filed with all final settlement of decedent's estate.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth must submit 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 .

CRITICAL

Applies to

Documents or exhibits containing personal identifiers

When personal identifiers are required by statute or appear in other filed documents or exhibits, parties must comply with CR 7.03 and KRS 403.135.

However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the Court, parties shall comply with CR 7.03 and KRS 403.135.

CRITICAL

Applies to

Notice of hearing

Boone 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 Boone 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 Boone County and shall contain a notice of hearing specifying on what date they will be heard. Said date shall be given by the Boone County Clerk's Office.

CRITICAL

Applies to

Request for restoration of former name

5. A verified written request for restoration of a former name, if so desired. Alternatively, this request may be recited in the requesting party's written deposition or the parties' separation agreement.

5. A verified written request for restoration of a former name, if so desired. Alternatively, this request may be recited in the requesting party's written deposition or the parties' separation agreement.