Garrard County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Order

When opposing counsel does not sign off on and submit the order, the order must contain the drafting attorney's verification of tender and the lack of a response for at least seven business days.

If an attorney submits an Order to opposing counsel and that attorney fails to sign off on a 'Have Seen' and submit it to the Court, said Order shall contain a verification by the drafting attorney that the Order was tendered to opposing counsel with no response for a period of no less than seven (7) business days.

CRITICAL

Applies to

Disposition hearing submission

If siblings have been separated, CHFS must explain the reasons at the disposition hearing.

Additionally, if siblings have been separated, CHFS shall explain the reasons for said separation.

CRITICAL

Applies to

Protective order petition

Protective-order petitions must use form AOC-275.1 and be accepted and filed with the court.

All petitions requested, completed and signed by persons 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

Adoption hearing submission

Before an adoption hearing, Findings of Fact and Conclusions of Law must be submitted for Court review unless a conflicting court order provides otherwise; the document list continues beyond this excerpt.

Prior to conducting an adoption hearing, and absent any conflicting order of the Court, the following must be submitted to the Court for review: 1. Findings of Fact and Conclusions of Law,

CRITICAL

Applies to

Motion to inspect and copy confidential records

Must include

proposed order

Counsel seeking access to records of confidential proceedings in a termination or adoption matter must file a motion for permission to inspect and copy the documents, accompanied by a proposed order; the motion may be heard at the Court's convenience.

If counsel needs access to records of confidential proceedings as part of a termination or adoption proceeding, counsel must file a motion in that action seeking permission to inspect and copy documents. Such a motion may be filed to be heard at the convenience of the Court and accompanied by a proposed order.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, counsel must state on the record that the defendant waives the right to a speedy trial or disposition if diversion is granted, and the defendant must agree on the record.

In applying for pretrial diversion, counsel for 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

Final hearing

Before a Final Hearing is set, all parties or their counsel must certify that discovery is complete and a good-faith settlement attempt was made and failed.

The Court requires that all parties and/or their counsel certify that all discovery is complete and that a good faith attempt at settlement has been attempted and that it has failed before a Final Hearing is set.

CRITICAL

Applies to

Uncontested divorce submission

For an uncontested divorce submission, parties must file a Settlement Agreement, a deposition with the jurisdictional proof needed for a Decree, and a Motion to Submit informing the Court that all paperwork is filed and the parties are ready for a Decree.

Pursuant to FCRPP 3, parties may submit à decree for the Court's review in any uncontested divorce. In addition to a Settlement Agreement and deposition containing the jurisdictional proof necessary to enter a Decree, the parties shall file a Motion to Submit to inform the Court that the parties have filed all of their paperwork and are ready for the Court to enter a Decree of Dissolution of Marriage.

CRITICAL

Applies to

Dependency neglect abuse petition

A dependency, neglect, and abuse petition must cite the specific statutes and jurisdictional factual allegations and provide the child's parents' or guardians' contact information.

Any dependency, neglect, abuse, or status offender petition filed with this Court shall comply with the following conditions: 1. Citation to specific statute(s) and factual allegations relied upon in asserting the Court's jurisdiction; and 2. Contact information of child's parents or guardians.

CRITICAL

Applies to

Agreed order

Counsel must tender an Agreed Order stating the parties' agreement to mediate and the mediation's time and place.

Counsel for the parties will then be required to tender an Agreed Order stating that the parties agree to mediate and the time and place that the mediation will occur.

CRITICAL

Applies to

Initial motion

Initial motions must include, if known, the email addresses of the movant and all parties listed on the certificate of service.

Initial motions shall include email addresses for the movant and all parties listed on the certificate of service, if known.

CRITICAL

Applies to

Judgment and order of sale

Every judgment and order of sale must state the prescribed sale terms, including payment options, bond and interest terms, taxes, possession and risk of loss, and applicable interests, liens, and property restrictions.

The terms of sale to be stated in all Judgments and Orders of Sale and are as follows: (1) The terms of the sale shall be either cash or ten (10%) percent of the purchase price in the form of a cash deposit at the time of sale and balance of the purchase price on a credit of 60 days. If the purchaser elects to take credit for the balance, then the purchaser will be required to post bond and furnish acceptable surety thereon. Said bond shall be for the unpaid balance of the purchase price and bear interest at the ratc of twelve (12%) percent per annum from the date of sale until paid. (2) The purchaser shall be required to assume and pay all taxes levied against said property for the current tax ycar and all subsequent ycars. The property shall be sold "as is", and possession shall pass to the purchaser upon delivery of deed. Risk of loss shall pass to the purchaser upon cxecution of bond of sale or payment of the purchase price in full whichever occurs first. (3) The properly shall be sold free and clear of any right, title or interest of all parties to the action and all liens and encumbrances thereon of any party. The sale of the real estate shall be made subject to all zoning and building regulations, restrictions, ordinances, casements, covenants, and rights-of- way, of record or otherwise.

CRITICAL

Applies to

Motion

Parties shall then e-file their motion according to existing Administrative Office of the Courts (AOC) protocols, including the Zoom information.

Parties shall then e-file their motion according to existing Administrative Office of the Courts (AOC) protocols, including the Zoom information.

CRITICALCriminal cases

Applies to

Commonwealth 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

Petition

The reviewing judge must identify in the petition whether the resulting action is a domestic violence action or an interpersonal protective order action.

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 456.

CRITICAL

Applies to

Prevention or safety plan

Any Prevention or Safety Plan must be placed in the Court record.

Pursuant to FCRPP 27, any Prevention or Safety Plan shall be placed in the Court record

CRITICAL

Applies to

Transport order

If an incarcerated defendant desires to be present at a status hearing, motion, or any other stage of the proceedings not specifically mentioned in 4.20A, the defendant or counsel shall submit a transport order, with appropriate times and places, to the Court at least five (5) days in advance of the desired appearance.

If an incarcerated defendant desires to be present at a status hearing, motion, or any other stage of the proceedings not specifically mentioned in 4.20A, the defendant or counsel shall submit a transport order, with appropriate times and places, to the Court at least five (5) days in advance of the desired appearance.

CRITICAL

Applies to

Dependency neglect abuse or status offender petition

Petitions must cite the specific statutes and factual allegations relied on to assert the Court's jurisdiction.

1. Citation to specific statute(s) and factual allegations relied upon in asserting the Court's jurisdiction;

CRITICAL

Applies to

Disposition hearing submission

At a disposition hearing, CHFS must provide the information required by FCRPP 26 by completing form AOC-DNA-12.

At a disposition hearing, the Cabinet for Health and Family Services (CHFS) shall provide the Court with all information as required by FCRPP 26 by completing the form AOC-DNA-12.

CRITICAL

Applies to

Summons

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

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

CRITICAL

Applies to

Protective order petition

Protective-order petitions 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 persons 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. KRS 403.725, KRS 456.030.

CRITICAL

Applies to

Order entering guilty plea

When pleading guilty at any stage of the proceedings, the defendant must tender an order entering the guilty plea.

(3) tender an Order Entering Guilty Plea.

CRITICAL

Applies to

Pretrial order

The pre-trial order will include directions on closing the record, the Court's options if a continuance is sought because a party is unready, and the general order of witnesses.

Further, the pre-trial order will include: 1. A directive that the record will close at the conclusion of testimony and that the record will not be supplemented;. 2. A statement that should a party be unready on the date of the hearing and a continuance is sought, the Court may require the matter to be submitted by . deposition and the costs will be allocated equitably; and 3. A statement that generally the parties will be called to testify as the first two witnesses upon direct and cross examination. This will be especially true when custody and parenting time are at issue. Other witnesses should be scheduled for later in the day.

CRITICALCriminal cases

Applies to

Pretrial diversion order

The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the specified offense and other 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 the diversion . 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1) [conditions of probation-restitution], 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 of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Order

Only one order may be tendered for the Court's signature.

The Court requires that only One order be tendered for the Court's signature.

CRITICAL

Applies to

Dependency neglect abuse or status offender petition

Petitions must include the contact information of the child's parents or guardians.

2. Contact information of child's parents or guardians.

CRITICAL

Applies to

Plea agreement

When pleading guilty at any stage of the proceedings, the defendant must file a written plea agreement in open court.

(1) file a written Plea Agreement in open court;

CRITICAL

Applies to

Disclosure statement

Parties may waive disclosure filing for good cause only upon proper motion and court approval.

In lieu of filing said disclosures, parties may waive the filing of disclosures for good cause upon proper motion and approval by the Court.

CRITICAL

Applies to

Transport order

For a defendant in state or federal custody, the Court issues the arraignment transport order, and defense counsel must submit transport orders for subsequent appearances.

If a defendant is in state or federal custody, the Court shall issue the transport order for arraignment, but counsel for the defendant shall submit transport orders to the Court for all subsequent appearances.

CRITICAL

Applies to

Petition

The petition must indicate in its Court Action section whether the resulting action is a domestic violence action or an interpersonal protective order action.

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

Motion

A motion may be docketed and heard outside the county where the action was filed only if the emergency grounds are stated in the motion, motion and notice requirements are met, and the record is made available as required.

(1) The matter is of an emergency nature and the grounds for the emergency are stated in the motion; (2) The motion and notice requirements are complied with; and (3) The record is made available as required by Kentucky Rulcs of Procedure: CR 79.05.

CRITICAL

Applies to

Guardian ad litem response

The Guardian Ad Litem must file a response before the Court will conduct a Final Hearing.

The Court will not conduct a Final Hearing before the Guardian Ad Litem has filed his or her response.

CRITICAL

Applies to

Dependency neglect abuse petition

The original dependency, neglect, and abuse offender petition must be filed in the Circuit Clerk's Office.

and the original shall be filed in the Circuit Clerk's Office.

CRITICAL

Applies to

Sale date request

Before a sale date is set, the requesting party must provide the property description and available street address, notice recipients’ names and addresses, the names of the parties whose interests are being sold or conveyed, and the source of title.

(2) A legal description to be sold with a street address, if available. (3) The name and address of each person or entity who is to be served notice by the Master Commissioner. (4) The name of the party or parties whose interest is being sold or conveyed. (5) The source of litle of the party or parties whose interest is being sold or conveyca.

CRITICAL

Applies to

Summons

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

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

CRITICAL

Applies to

Transport order

c. If any subpoenacd witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and places, to the Court at least five (5) days in advance of the desired appearance.

c. If any subpoenacd witness is incarcerated, the party on whose behalf the witness is to testify shall submit a transport order, with appropriate times and places, to the Court at least five (5) days in advance of the desired appearance.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must recommend in writing the 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 .

CRITICAL

Applies to

Pro se motion request

Pro se litigants must complete the Pro Se Motion Request form and leave it with the Circuit Clerk's Office.

Pro se litigants must complete a Pro Se Motion Request (only available at the Circuit Clerk's Office), and leave the completed form with the Circuit Clerk's Office.

CRITICAL

Applies to

Order

If directed to prepare an order, counsel must prepare it and leave it at the Clerk's office.

If counsel is directed to prepare an order, it shall be done and left at the Clerk's office

CRITICAL

Applies to

Disclosure statement

Parties in divorce litigation must file disclosure statements.

FCRPP 2(3) requires parties involved in divorce litigation to file disclosure statements.

CRITICAL

Applies to

Motion to enter guilty plea

When pleading guilty at any stage of the proceedings, the defendant must file a motion to enter a guilty plea signed in open court.

(2) file a Motion to Enter a Guilty Plea, signed in open court; and

CRITICAL

Applies to

Pretrial memorandum

Exhibits must not be filed with the memorandum; an exhibit becomes part of the Court's record only if properly admitted into evidence.

6. A witness list, trial exhibits, etc.. [Please Note: No exhibit is to be filed with this memorandum; if properly admitted into evidence, only then will it become part of the Court's record.]

CRITICAL

Applies to

Order

If the opposing party has counsel, the preparing attorney must obtain opposing counsel's “Have Seen” sign-off before submitting the order to the Court; the Court may not require this when the other party is pro se.

If the opposing party is represented by counsel, the attorney charged with preparing the Order shall then submit it to opposing counsel to sign off on a "Have Seen" basis before it is submitted to the Court for entry. The Court may not require a "Have Seen" if the other party is pro se.

CRITICAL

Applies to

Proof of divorce education completion

When divorce education is ordered, at least one party must complete the class and proof of completion must be filed before a final custody order or dissolution decree is entered.

If divorce education is ordered in a case, the Court will not enter a final custody order or decree of dissolution of marriage until at least one of the parties completes the class and proof of completion is filed into the record.

CRITICAL

Applies to

Pretrial submission

The pre-trial order requires parties to prepare and submit specified factual summaries, issues, arguments with supporting authority, requested relief, and witness and trial exhibit lists.

The Court will enter a pre-trial order, which will require parties prepare and submit:. 1. A summary of the general facts;. 2. Statement of any stipulated facts; 3. A list of all issues of fact and law for adjudication; 4. A concise statement of each general issue in dispute which is to include • argument with ample supportive citations of authority pertinent to each issue of fact and law; 5. Conclusions setting forth the specific relief sought from the Court; and 6. A witness list, trial exhibits, etc.. [Please Note: No exhibit is to be filed with this memorandum; if properly admitted into evidence, only then will it become part of the Court's record.]

CRITICAL

Applies to

Motion

A contested matter is set for an extended Final Hearing upon proper motion.

Upon proper motion, the Court will set a contested matter for an extended, Final Hearing.

CRITICAL

Applies to

Order of distribution

An Order of Distribution must state amounts collected and, when applicable, taxing-authority and tax-bill details; the first-priority lienholder prepares it and addresses secondary lienholders, including stating unknown interests so the balance can be held pending further court orders.

Orders of Distribution of funds held by the Master Commissioner shall: (1) Set forth the amounts collected, including the advance costs deposit referenced in 6.10(1) above. (2) If disbursements are to be made to a taxing authority, then the taxing authority with the outstanding tax bill number and year must be listed in the Order of Distribution and copy of the tax bill or bills must be furnished to the Master Commissioner. (3) The preparation of the Order of Distribution sliall be the responsibility of the lien holder of first priority and shall address all secondary lienholder's interests. (4) If the amount of a secondary lienholder's interest is unknown, then that is to be stated in the Order of Distribution and the balance is to be held by the Master Commissioner pending further Orders of the Court.

CRITICAL

Applies to

Eco petition and affidavit

A person seeking an ECO during normal business hours must complete an ECO Petition and ECO affidavit.

During normal business hours, 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding normal holidays, persons seeking an ECO shall come to the Circuit Clerk's Office of the county where the child is found or resides to complete an ECO Petition and ECO affidavit.

INFO

Applies to

Agreed order

Parties who resolve a contested issue may submit an Agreed Order to the Court before their hearing.

If parties resolve a contested issue, they may submit an Agreed Order to the Court prior to their Hearing.

INFOCriminal cases

Applies to

Pretrial diversion order

A diversion order may include drug- and alcohol-free conditions with random testing, restrictions on violations and weapons, and other conditions deemed necessary.

The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing . 2. That the petitioner have no violation of the Penal Code or the Controlled Substances Act . 3. That the petitioner possess no firearm or any other deadly weapon . 4. Others as deemed necessary .