Grant County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Judicial order request

A request for a judicial order concerning the recording must include a written explanation identifying the recording, stating the request’s specific purpose, and identifying who will have access.

An individual requesting a judicial order must provide the Court with a written explanation for the request which specifically indicates that the requested video recording is an in camera interview with a child, and which includes the specific purpose for the request and who will have access to the recording.

CRITICAL

Applies to

Response

An opposing party seeking an open-court hearing must say so in the response and set the matter on a regular motion-hour docket with appropriate notice.

If the opposing party wishes to have this matter heard in open Court, he or she must so state in the response, and shall set the matter for a determination on a regular motion hour docket, with appropriate notice to all parties and the Court.

CRITICAL

Applies to

Emergency custody order affidavit

After regular business hours, the Emergency Custody Order Affidavit must be submitted to Family Court or, if it is unavailable, the District Court on call.

(b) After regular business hours, the Emergency Custody Order Affidavit shall be submitted to the Family Court or the District Court on call if the Family Court is not available.

CRITICAL

Supporting, response, and reply memoranda must cite the grounds and authority for the requested relief.

The supporting memorandum, and any response or reply memoranda, shall cite the grounds and authority for the relief requested.

CRITICAL

Applies to

Request for fcrpp 6 2 alternative

Counsel requesting an alternative under FCRPP 6(2) must present the facts supporting that alternative.

In requesting one of the alternatives within FCRPP 6(2), counsel for a party shall present those facts of the case that support the alternative requested.

CRITICAL

Applies to

Motion for judgment and order of sale

The motion must include a separate military-service affidavit for individual defendants and, if available, a printed Department of Defense Manpower Data Center certificate.

The motion shall also include a separate military service affidavit regarding any individual defendants, as well as a printed certificate from the Department of Defense Manpower Data Center, if available (see 50 U.S.C. § 3931).

CRITICAL

Applies to

Pleading motion or other document

Pleadings, motions, and similar documents must state counsel’s or a pro se party’s name, address, phone number, and email address; if counsel has multiple offices, the trial counsel address must be used.

(5) Pleadings, motions, and other such documents shall contain the name, address, phone number, and e-mail address of counsel, or the party if appearing pro se. If there are several office locations, the address used by trial counsel shall be indicated.

CRITICAL

Applies to

Deposition transcript

Parties must provide complete deposition transcripts rather than excerpts.

Parties shall provide complete transcripts of depositions rather than excerpts, with PDF copies e-filed if possible.

CRITICAL

Applies to

Motion

Must include

proposed order

A movant proceeding under CR 78(2) must file an appropriate tendered order of relief.

Movants under CR 78(2) shall file an appropriate tendered order of relief with the Court.

CRITICAL

Applies to

Order

An attorney- or party-prepared order must provide a Judge signature line, the Judge’s name below it, and a place for the signature date.

(3) Any order prepared by an attorney or pro se party shall also include a signature line for the Judge, with the Judge’s name appearing below the signature line, and a place for the date of signature.

CRITICAL

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court with a written recommendation in response to each 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’s “Court Action” section whether the action arises under KRS Chapter 403 or KRS Chapter 456.

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

Agreement on individual issues

An agreement resolving individual issues short of the entire case must be signed by both parties and counsel, if any, and submitted for court approval and entry.

If the parties reach an agreement on individual issues short of settling the entire case, the agreement, signed by both parties and counsel, if any, shall be submitted to the Court for approval and entry.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

If the Commonwealth recommends diversion, its written recommendation must state 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

Plea agreement

Plea agreements must be written, signed, and submitted to the Court before the plea, no later than 3:00 p.m. on the preceding Thursday.

All plea agreements shall be reduced to writing and submitted to the Court prior to entry of pleas made pursuant to such agreements. All plea agreements must be signed and submitted to the Court no later than 3:00 p.m. the Thursday before the plea is to be taken.

CRITICAL

Applies to

Video release

The Clerk’s Office may not release a video recording of an in camera interview with children without a specific written court order.

The Circuit Court Clerk’s Office shall not release a video recording of any in camera interview with children without a specific written order of the Court.

CRITICAL

Applies to

Emergency custody order affidavit

During regular business hours, excluding holidays, a person seeking an ECO must go to the Circuit Court Clerk’s office and complete the specified forms; the Clerk submits the affidavit to Family Court or, if unavailable, the District Court on call.

(a) During regular business hours, excluding holidays, persons seeking an ECO shall come to the Circuit Court Clerk’s office to fill out Forms AOC-DNA-1 and AOC-DNA-2.1, “Emergency Custody Order Affidavit.” The Circuit Court Clerk shall then submit the Affidavit to the Family Court or the District Court on call if the Family Court is not available.

CRITICAL

Applies to

Foreclosure complaint

A foreclosure complaint must include counsel’s affidavit confirming a title examination and that all lien holders are named as parties.

Any complaint involving a foreclosure sale on a mortgage or other lien shall include an affidavit of the plaintiff’s counsel stating that a title examination was conducted on the subject property and that all lien holders are named as parties.

CRITICAL

Applies to

Response

An opposing party seeking oral argument must state that desire and notice the motion for the following motion day.

If a party opposing the motion desires oral hearing, they shall so state and proceed to notice the motion for the following motion day.

CRITICAL

Applies to

Motion

A movant using CR 78(2) must state that the motion is made under CR 78(2) and Local Rule 209.

Movant shall state that the Motion is made under CR 78(2) and this local rule.

CRITICAL

Applies to

Pleadings

Pleadings must provide the personal identifiers required by the cited statutes.

In addition, all pleadings must comply with the requirement of KRS Chapters 205, 403, 405, 406 and 407 by providing the personal identifiers required in those chapters.

CRITICAL

Applies to

Pretrial diversion application

A diversion application requires counsel to state, and the defendant to agree on the record, to waive speedy trial or disposition rights if diversion is granted.

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 or her is waived.

CRITICAL

Applies to

Adoption final hearing date request

A party requesting a final hearing date in an adoption case must do so by motion.

Parties requesting a final hearing date in adoption cases shall do so by motion.

CRITICAL

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must provide written recommendations on diversion conditions and the appropriate sentence if diversion 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

Complaint

If the property has an affixed manufactured or mobile home, the complaint must include the Affidavit of Conversion or, if none exists, the perfected title lien statement.

If the subject property contains a manufactured or mobile home that has been affixed to the real estate, a copy of the Affidavit of Conversion (see KRS 186A.297) filed with the County Clerk’s Office shall be attached to the complaint. If there is no Affidavit of Conversion, then a copy of the perfected title lien statement shall be attached to the complaint.

CRITICAL

Applies to

Motion to cancel judicial sale

A motion to cancel a judicial sale, including a plaintiff’s or joint motion, must be filed and noticed in accordance with LR 202.

Any motion to cancel a judicial sale, including a motion by the plaintiff or joint motion, shall be filed and noticed in accordance with LR 202.

CRITICAL

Applies to

Notice of motion

The notice must warn that the motion may be routinely granted without a hearing after ten calendar days if no response is filed.

The notice shall specify that the Motion may be routinely granted without hearing by the Court upon expiration of ten (10) calendar days if no response is filed.

CRITICAL

Applies to

Order

Each order must be prepared and filed as a separate instrument.

(5) All orders shall be prepared and filed as separate instruments.

CRITICALCriminal cases

Applies to

Order of diversion

A diversion order must address restitution, supervision and fees, duration, compliance with Probation and Parole rules, commission of offenses, and other applicable or court-imposed conditions.

The Order of Diversion shall include: 1. Restitution, if applicable. Restitution is mandatory where the victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised, and any supervision fees, which shall be no less than $25.00 per month. 3. The duration of the diversion. 4. An order that the defendant shall obey all rules and regulations imposed by Probation and Parole. 5. An order that the defendant shall not commit any offense during the period of pretrial diversion, including violations of the Penal Code or the Controlled Substances Act. 6. An order that the defendant comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.

CRITICAL

Applies to

Status offense petition

Status offense petitions are filed and heard in Family Court, but the Clerk must assign the case to the District Court division handling a pending public offense case involving the child.

Status offense petitions shall be filed and heard in Family Court. However, if a public offense case involving the child is pending in District Court at any time a status offense case is pending in Family Court, the Circuit Court Clerk shall assign the status offense case to the District Court division presiding over the pending public offense case.

CRITICALCriminal cases

Applies to

Court record

The Court must advise the parties whether it accepts the diversion agreement and, if accepted, make a specific on-record finding that the plea and agreement were entered freely, voluntarily, intelligently, and knowingly.

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

CRITICAL

Applies to

Complaint

When a deceased defendant’s unknown heirs or devisees are named, counsel must file with the complaint an affidavit describing a diligent search for a probate case.

In any action where a defendant is deceased and unknown heirs, devisees, etc. are named as parties, the plaintiff’s counsel shall file an affidavit with the complaint stating that a diligent search has been conducted to determine if a probate case has been filed for the decedent’s estate.

CRITICAL

Applies to

Order setting jury trial

An Order Setting Jury Trial must set preliminary and final pretrial conferences and include applicable deadlines.

The Order Setting Jury Trial shall also set both a Preliminary Pretrial Conference and a Final Pretrial Conference, and shall include any applicable deadlines, e.g., for completion of discovery, filing dispositive motions, amending the pleadings, etc.

CRITICAL

Applies to

Affidavit

The plaintiff must execute a separate affidavit stating whether a manufactured or mobile home is located on the property.

In every case, the plaintiff shall execute a separate affidavit regarding the presence of a manufactured or mobile home on the property (e.g., “There is/is not a manufactured home located on the property.”).

CRITICAL

Applies to

Attorney fee request

Every request for an attorney-fee award must include counsel’s affidavit, an itemized statement of hours expended, and a statement explaining the award’s legal or contractual basis.

All requests for an attorney fee award shall be accompanied by an affidavit from counsel and an itemized statement demonstrating the hours counsel expended on the matter, as well as a statement explaining the basis of the attorney fee award (e.g., a rule, statute, or contractual provision).

CRITICAL

Applies to

Protective order petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the action is under KRS Chapter 403 or KRS Chapter 456.

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

Protective order petition

Protective-order petitions must be made on form AOC-275.1 and accepted and filed with the Court.

All petitions requested, completed, and signed by persons seeking protection under KRS Chapters 403 or 456 shall be made on form AOC-275.1 and shall be accepted and filed with the Court.

CRITICAL

Applies to

Dna petition

A person filing a DNA petition without an ECO must go to the Circuit Court Clerk’s office and complete Form AOC-DNA-1.

Persons seeking to file a DNA petition without an ECO shall come to the Circuit Court Clerk’s office to fill out Form AOC-DNA-1, “Juvenile Dependency/Neglect or Abuse Petition.”

CRITICAL

Applies to

Motion

Each motion must state the requested relief and grounds with particularity and include a supporting memorandum.

(8) All motions shall state with particularity the relief requested and the grounds therefor . Each motion shall be accompanied by a supporting memorandum.

CRITICAL

Applies to

Order

An attorney- or party-prepared order must include on a separate page a Clerk’s certification of mailing of notice of entry, a distribution list with mailing addresses, and a Clerk signature line in the prescribed form.

(4) Any order prepared by an attorney or pro se party shall also include, on a separate page, a certification of mailing of notice of entry for the Circuit Court Clerk (see CR 77.04), a distribution list with mailing addresses for the attorneys or parties, and a signature line for the Clerk, in the following form:

CRITICAL

Applies to

Default judgment motion

The supporting memorandum must state how and when the defaulting party was served, and the military service affidavit must include a printed Department of Defense Manpower Data Center certificate if available.

Furthermore, the supporting memorandum must include a statement of how and when the defaulting party was served, and the military service affidavit shall be accompanied by a printed certificate from the Department of Defense Manpower Data Center, if available.

CRITICAL

Applies to

Default judgment motion

A default judgment motion must include the referenced CR 55.01 certificate and military service affidavit, plus an affidavit from the plaintiff establishing the requested judgment amount when appropriate.

In addition to the certificate required by CR 55.01, and the military service affidavit required by 50 U.S.C. § 3931, Motions for Default Judgment shall include an affidavit from the plaintiff— not the plaintiff’s counsel—establishing the judgment amount requested, if appropriate.

CRITICAL

Applies to

Petition

A petition must name both legal parents unless a parent’s rights have been terminated by valid court order, and must name an identified putative father as specified.

All Petitions shall name both the legal mother and father of the child(ren) unless the parent’s rights have been terminated by a valid court order. A putative father shall be named if he has been identified as the putative father pursuant KRS 625.065(1).

CRITICAL

Applies to

Motion for judgment and order of sale

A motion for judgment and order of sale must include a signed status-of-account affidavit itemizing the balance due, including attorney fees, through the motion’s filing date.

When a motion for judgment and order of sale is made, it shall include a status of account affidavit signed by the plaintiff or its representative setting out the breakdown of the balance due under the obligations of the note and mortgage, to include attorney fees (but see LR 206), up to the date of filing of the motion.

CRITICAL

Applies to

Trial brief

A trial brief must include the listed facts, issues, positions, witnesses, exhibits, and requested relief, as well as any other matters ordered by the Court; parties may also include other helpful matters.

The brief shall include, at minimum: a concise summary of the facts including which facts are disputed or agreed; the legal issues involved; the party’s position on each legal issue and any supporting authority; a list of witnesses; a list of exhibits and copies of those exhibits that can be copied; and a statement of the specific relief requested. The trial brief shall also contain any other matters as the Court may Order and may contain other matters the party believes will assist the Court.

CRITICAL

Applies to

Family court case data sheet

The Family Court Case Data Sheet must be fully completed in every case.

The Family Court Case Data Sheet must be fully completed in all cases.

CRITICAL

Applies to

Order

An attorney- or party-prepared order must identify its preparer by signature and be submitted to the opposing side for a “Have Seen” signature, which does not waive objections to the order’s content.

(2) Any order prepared by an attorney or pro se party shall contain a preparation signature identifying the party or attorney who prepared the order and shall be submitted to the opposing counsel or pro se party for signature as “Have Seen.” By signing the tendered order as such, the opposing counsel or pro se party is not waiving any objection to the content of the order but is only agreeing that the order reflects the findings of the Court.

CRITICAL

Applies to

Default judgment motion

If a hearing is necessary to determine damages, the default judgment motion must ask the Court to set a damages hearing.

If a hearing will be necessary to determine damages, the motion shall request that the Court set the matter for a damages hearing.

CRITICALCriminal cases

Applies to

Pretrial diversion application

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

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 or her is waived.

CRITICAL

Applies to

Order of diversion

A diversion order must specify restitution when applicable, supervision status and fees, duration, and the listed defendant obligations and conditions.

The Order of Diversion shall include: 1. Restitution, if applicable. Restitution is mandatory where the victim has suffered monetary damage. 2. Whether the diversion shall be supervised or unsupervised, and any supervision fees, which shall be no less than $25.00 per month. 3. The duration of the diversion. 4. An order that the defendant shall obey all rules and regulations imposed by Probation and Parole. 5. An order that the defendant shall not commit any offense during the period of pretrial diversion, including violations of the Penal Code or the Controlled Substances Act. 6. An order that the defendant comply with any other provision of KRS 533.030 or any other condition the Court deems appropriate.