Graves Circuit Court Document Filing Requirements

CRITICAL

Applies to

Answers to interrogatories or requests for admission

Answers to interrogatories or requests for admissions must reproduce each question or request immediately before the corresponding answer.

When answering interrogatories or request for admissions, the replying party shall, as a part of his answer, set forth immediately preceding the answer the questions or the request made with respect to which such answer is given.

CRITICAL

Applies to

Order to appear

For a virtual appearance, counsel must provide the Office of the Circuit Judge an Order to Appear identifying the facility’s name and location at least two business days beforehand.

If the incarcerated party is to appear virtually, the attorney for the incarcerated party shall provide an ORDER TO APPEAR (noting the location and name of the facility of the incarcerated party) to the Office of the Circuit Judge at least two (2) business days prior to the schedule court appearance date.

CRITICAL

Applies to

Motion to set adoption or termination

A motion to set an adoption or termination must be tendered with 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.

CRITICAL

Applies to

Statement of amount to be raised

The amount-to-be-raised statement must itemize judgment amounts, state a per diem rate and itemized court costs, and exclude reserved or unadjudicated matters.

The statement shall itemize all amounts included in the party’s Judgment, the statement shall include a per diem rate and party’s itemized courts costs. The statement will not include reserved amounts and matters not adjudicated.

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must include restitution when applicable.

Restitution, if applicable .

CRITICAL

Applies to

Statement of amount to be raised

The party requesting a sale must file a statement of the amount to be raised and file a new statement if the sale is rescheduled.

The party requesting the sale shall file a statement of the amount to be raised and serve a copy on all parties and the Master Commissioner. A new statement shall be filed if a sale is rescheduled.

CRITICAL

Applies to

Order of submission

When submitting an action for final judgment, the parties must prepare and present an order of submission specifying the issues submitted.

Upon submission of any action to the Court for final judgment, the parties shall prepare and present to the Court an order of submission setting forth in particular the issue or issues on which the action is submitted.

CRITICALCriminal cases

Applies to

Pretrial diversion recommendation

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

Motion to set trial date

The motion to set a trial date must be accompanied by a Report of Settlement Conference or Memorandum of Remaining Issues identifying contested and settled issues.

A. 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 or a Memorandum of Remaining Issues, identifying all contested and settled issues shall be filed with the Motion.

CRITICAL

Applies to

Motion

Must include

proposed order

At the time of the filing of any motion, the Petitioner shall file a proposed Temporary Order, along with a child support calculation, establishing shared custody with equal time sharing pursuant to KRS 403.

At the time of the filing of any motion, the Petitioner shall file a proposed Temporary Order, along with a child support calculation, establishing shared custody with equal time sharing pursuant to KRS 403.

CRITICAL

Applies to

Motion

Must include

proposed order

Motions for Interlocutory Decrees and motions for 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

Certification

A case may not be set for a pretrial conference or trial until the plaintiff certifies to the Court that all medical and expert depositions have been scheduled.

No case shall be set for a pretrial conference or trial until the Plaintiff has certified to the Court that all medical and expert depositions have been scheduled.

CRITICAL

Applies to

Rule

The rule must contain a short statement of the grounds for its issuance.

The rule shall contain a short statement of the grounds for its issuance.

CRITICAL

Applies to

Pretrial order

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order incorporating the Court’s rulings, agreements, or stipulations of the parties and any matter designated by the Court not later than ten (10) days following the pretrial conference.

If a pretrial order is not entered at the time, the attorneys shall be responsible for preparation and submission of a pretrial order incorporating the Court’s rulings, agreements, or stipulations of the parties and any matter designated by the Court not later than ten (10) days following the pretrial conference.

CRITICAL

Applies to

Pleading

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

A. 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

Guilty plea motion commonwealth offer pretrial diversion paperwork

The specified plea, offer, and diversion paperwork submitted under this rule must be signed.

Copies of signed motion to enter Guilty Plea, Commonwealth Offer, Pretrial Diversion paperwork shall be filed and emailed to the Circuit Judge’s Office at least two (2) business days prior to the scheduled court appearance date, absent good cause shown.

CRITICAL

Applies to

Master commissioner reference order

An order referring a matter to the Master Commissioner must clearly state the reference’s purposes and the Commissioner’s duties.

The Order shall be sufficiently specific to indicate clearly the purposes of the reference and the duties to be performed by the Master Commissioner.

CRITICAL

Applies to

Petition

The judge reviewing a petition for an order of protection must indicate in the Petition’s “Court Action” section whether the action is a domestic violence action or an interpersonal protective order action.

The Judge reviewing the 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

Objections to master commissioner report

Objections to a Master Commissioner’s Report must state particulars and include a memorandum of authorities when appropriate.

C. Objections to the Master Commissioner’s Report shall be made with particulars and with a memorandum of authorities, if appropriate.

CRITICAL

Applies to

Order or judgment

Once signed by the Judge, the 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.

CRITICAL

Applies to

Certificate of completion

A program Certificate of completion must be provided to the Graves Circuit Clerk for its files.

Abuse training program and provide the program Certificate of completion to the Graves Circuit Clerk to be kept on file in that office.

CRITICAL

Applies to

Transportation order

For an in-person appearance, counsel must provide the Office of the Circuit Judge a Transportation Order identifying the facility’s name and location at least two business days beforehand.

If the incarcerated party is to appear in person, the attorney for the incarcerated party shall provide a TRANSPORTATION ORDER (noting the location and name of the facility of the incarcerated party) to the Office of the Circuit Judge at least two (2) business days prior to the scheduled court appearance date.

CRITICAL

Applies to

Order of submission

An action may be submitted only after an order of submission has been entered.

An action shall be submitted only upon the entry or an order of submission.

CRITICALCriminal cases

Applies to

Pretrial diversion application

A pretrial-diversion application must include counsel's statement and the defendant's on-record agreement to waive speedy-trial or charge-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/her is waived .

CRITICAL

Applies to

Motion

Each motion must include 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 on the motion.

CRITICALCriminal cases

Applies to

Application response

The Commonwealth must respond to each application with a written recommendation, although its signature on the joint motion is sufficient.

The Commonwealth shall make a written recommendation to the Court in response to each application, and the Commonwealth's signature on the joint motion shall be considered a sufficient response.

CRITICAL

Applies to

Petition

The judge must indicate in the Petition’s “Court Action” section whether the action is a domestic violence action or an interpersonal protective order action.

The Judge reviewing the 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

Pleading

A pleading that refers to an attached exhibit must include it; opposing counsel need not respond if the pleading omits the referenced 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 required to respond to such pleading which fails to include the referenced exhibit.

CRITICAL

Applies to

Commissioner sale handbill

The Commissioner’s sale handbill must state the amount to be raised as shown in the sale-requesting party’s statement.

The Commissioner’s sale handbill shall include the amount to be raised as set for the in the statement of the party requesting the sale.

CRITICAL

Applies to

Status conference filings

The Commonwealth Attorney must submit a copy of the indictment and a notice of compliance with discovery requirements for the Status Conference.

At least ten (10) days prior to the Status Conference, the Commonwealth Attorney shall file a copy of the indictment and a notice of compliance with discovery requirements.

CRITICAL

Applies to

Motion

A CR 78(2) motion must state that it is made under that rule and notify opposing counsel that it may be routinely granted ten days after filing unless an objection or response is received.

The movant, in his Certificate of Service or elsewhere in the motion, shall state that the motion is made under CR 78(2) and shall direct the opposing attorney’s attention to the fact that under this local Rule, the motion may be granted routinely by the Court ten (10) days after filing, unless an objection is received or a response filed.

CRITICAL

Applies to

Entry of appearance

Privately retained and appointed attorneys must timely file a written Entry of Appearance with the Court.

All attorneys, both privately retained and appointed, shall timely file a written Entry of Appearance with the Court.

CRITICAL

Applies to

Appraisal

An appraisal must be written, signed by its preparers, and filed in the court record before the sale.

D. The appraisal shall be in writing, signed by the persons making it and filed in the Court record prior to the sale.

CRITICAL

Applies to

Entry of appearance

Upon receiving an appointment, a Special Prosecutor must timely file a written Entry of Appearance with the Court.

If a Special Prosecutor is requested and appointed to a case, upon receipt of the appointment by the Special Prosecutor, the Special Prosecutor shall timely file a written Entry of Appearance with the Court.

CRITICALCriminal cases

Applies to

Order of diversion

The diversion order must state whether diversion is supervised or unsupervised and include supervision fees when applicable.

Whether the diversion shall be supervised or unsupervised (and include supervision fees, if applicable) .

CRITICAL

Applies to

Written instructions

Before the pretrial conference, parties must present written instructions reflecting their then-current understanding of the issues and law; further instructions remain permissible as later proceedings indicate, and good cause may excuse compliance.

Except for good cause shown, before a case is heard at the pretrial conference, the parties shall comply with the following: 1. pleadings must be completed and the issues established; 2. discovery proceedings completed; 3. parties shall present to the Court at the pretrial conference written instructions incorporating the parties’ then understanding of the issues and the law without prejudice to the right to present further instructions as may be indicated by subsequent proceedings;

CRITICAL

Applies to

Report of sale

The Report of Sale must be filed in accordance with Part IV of the Administrative Procedures of the Court of Justice.

Report of Sale shall be filed in accordance with Part IV of the Administrative Procedures of the Court of Justice.

CRITICAL

Applies to

Civil criminal and domestic order

Must include

certificate of service

Every civil, criminal, or domestic order to be entered by the Court must contain a Clerk’s Certificate of Service for all parties.

All civil, criminal, and domestic orders to be entered by the Court shall contain a Clerk’s Certificate of Service for all parties.

CRITICAL

Applies to

Order or judgment

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

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.

CRITICAL

Applies to

Entry of appearance

All prosecutors, including Graves County Commonwealth attorneys, must timely file a written Entry of Appearance with the Court.

All prosecutors, including Graves County Commonwealth attorneys, shall timely file a written Entry of Appearance with the Court.

CRITICAL

Applies to

Order or judgment

The order or judgment must note if the opposing 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 is represented by counsel who declines to attest the order or judgment, such fact shall be endorsed thereon.

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

Protective order petition

Petitions for protection under KRS Chapter 403 or 456 must be completed and signed on form AOC-275.1 and 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

Pretrial motion

A pretrial motion requiring more than 15 minutes of testimony or argument must request a special hearing date.

Absent good cause shown, all pretrial motions, excluding motions in limine, shall be filed and served prior to the pretrial conference, requesting a special hearing date for any motion requiring testimony or argument anticipated to last more than fifteen (15) minutes.

CRITICAL

Applies to

Motion

Must include

proposed order

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

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

CRITICAL

Applies to

Notice of hearing

Uncontested adoption and termination matters must be noticed for immediate hearing at 11:30 a.m. on the second or fourth Friday; contested matters must be noticed for 11:30 a.m., when a hearing date will be set.

Uncontested adoptions and uncontested terminations of parental rights shall be noticed for immediate hearing at 11:30 a.m. at the Confidential Motion Hour, which is the second and fourth Fridays of each month. Motions to set contested adoptions or contested terminations of parental rights shall be noticed for 11:30 a.m. at the Confidential Motion Hour, and a hearing date shall be set at that time.

CRITICAL

Applies to

Judgment

Judgments tendered by the Plaintiff must include the complete legal description, deed book and page, map number, and address.

All Judgments tendered by Plaintiff shall contain the entire legal description, source of title Deed Book and page #, and Map # and address.

CRITICAL

Applies to

Merits motion

Merits motions must include a brief statement of their grounds and citations to the authorities relied upon.

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.

CRITICAL

Applies to

Demand

The specified demand must include the prescribed statement explaining how the Defendant can request a hearing.

D. The demand required by KRS 425.012 and KRS 425.301 informing the Defendant of the right to be heard shall include the following statement: If you want a hearing, you must notify the Master Commissioner in writing within seven (7) days, and send a copy of your request to the attorney for the Plaintiff.

CRITICAL

Applies to

Entry of appearance

A contracted Conflict Counsel attorney must timely file a written Entry of Appearance with the Court.

If the Department of Public Advocacy contracts with Conflict Counsel, the contracted attorney shall timely file a written Entry of Appearance with the Court.