Grayson County Circuit Court, Kentucky Document Filing Requirements

CRITICALCivil cases

Applies to

Agreement or agreed order

All agreements and agreed orders must include the correct mailing address for every attorney and party.

All Agreements and Agreed Orders shall contain the correct mailing address for all attorneys and parties.

CRITICAL

Applies to

Debt schedule

For each debt, the filer must provide the latest statement or documentation of the unpaid balance, or explain why the documentation is unavailable.

E. DEBT SCHEDULE 1. For each debt, provide the last statement or documentation of unpaid balance, or explain why documentation is not available

CRITICALCivil cases

Applies to

Final adjudication submission

When an action is submitted for final adjudication, counsel or unrepresented parties must file AOC Form 280 with the Judge, Circuit Court Clerk, and Administrative Office of the Courts.

In accordance with SCR 1.050(8), when any action stands submitted for final adjudication, counsel or unrepresented parties shall file an AOC Form 280 with the Judge, Circuit Court Clerk and Administrative Office of the Courts.

CRITICAL

Applies to

Mediation agreement

Any mediation agreement must be written and signed by the parties, who are responsible for drafting it; the mediator may assist with their consent.

If an agreement is reached during the mediation conference, it shall be reduced to writing and signed by the parties. The parties shall be responsible for the drafting of the agreement, although the mediator may assist in the drafting of the agreement with the consent of the parties.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

If applicable, the diversion order must require full restitution to the victim, who may be an entity rather than a natural person.

Require the defendant to pay restitution to the victim (which may be an entity other than a natural person) in full. if applicable.

CRITICAL

Applies to

Certificate

Must include

certificate of service

The form includes a certificate of service recording delivery of a true and correct copy by first-class mail, postage prepaid, to the listed attorney.

CERTIFICATE OF SERVICE • I hereby certify that a true and correct copy of the foregoing was this day of , delivered by first class mail, postage prepaid, to: Attomey Address Telephone number with area code

CRITICALCivil cases

Applies to

Entry and appearance

An entry and appearance must not be signed before the petition is filed.

No entry and appearance shall be signed prior to the filing of the petition.

CRITICALCivil cases

Applies to

Withdrawal motion

A motion to withdraw while a matter is pending must be based on good cause.

Counsel, whether appointed or retained, who has appeared on behalf of a party, will not be permitted to withdraw while the matter is still pending unless a Motion for withdrawal is made based upon good cause, filed at least sixty (60) days prior to trial.

CRITICAL

Applies to

Verification

The verification requires a declaration under penalty of perjury that the information in the form and its attachments is true and accurate to the filer’s knowledge, information, and belief, and an acknowledgment that the instructions were read and followed to the filer’s best ability.

L, › declare inder penalty of perjury that the information contained herein, including the information provided on any schedules and attachments, is true and accurate to the best of my knowledge, information and belief. Further, I acknowledge that I have read the attached instruction sheet and have followed the instructions to the best of my ability.

CRITICALCivil cases

Applies to

Child support order

Counsel must file the applicable Uniform Child Support Order and/or Wage Income Withholding Order AOC 152 and CS-89 in IV-D cases.

(2) the Uniform Child Support Order and/or Wage Income Withholding Order AOC 152 and CS-89 in IV-D cases (if applicable) pursuant to FCRPP 9(2).

CRITICAL

For each claimed non-marital asset interest, the filer must state its basis and approximate value and produce tracing documentation if available, when it becomes available, or as directed by separate court order.

10- NON-MARITAL INTEREST. For each asset in which you claim a non-marital interest, provide the basis and approximate value of non-marital claim. Documentation tracing any non- marital asset shall b: produced if available, and if not currently available, shall be produced when available, or as specified by separate court order.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must state the deferred sentence's duration, which cannot exceed the statutory maximum duration for the offense.

Establish the duration of the sentence being deferred, which shall be of no greater duration than the maximum duration imposed by the legislature for the offense to which the defendant plead guilty in reliance upon the deferral agreement.

CRITICALCivil cases

Applies to

Filed paper

Must include

case number

Every filed pleading, motion, or other paper must include the case number and the signing attorney's or party's typed or printed name, address, telephone number, and email address.

Every pleading, motion and any other paper filed in the record by counsel or party shall contain the case number, typed or printed name, address, telephone number and e-mail address of the attorney or party signing the paper.

CRITICALCivil cases

Applies to

Pleading

A pleading for a matter to be heard on the Domestic Relations Commissioner’s docket must include the prescribed appearance notice in its Notice section.

Matters to be heard on the docket of the Domestic Relations Commissioner shall state same in the Notice section of the pleading as follows: Take Notice that the undersigned will appear before the Domestic Relations Commissioner of the Court on WEEKDAY, the day of MONTH, YEAR at the hour of local prevailing time, or as soon thereafter as may be heard

CRITICAL

Applies to

Commonwealth report

When the Commonwealth recommends diversion, it must provide the Court a written report stating the recommended diversion conditions and the appropriate sentence if the agreement is unsuccessful.

(3) When diversion is recommended, Commonwealth must make a written report to he Court as to the recommended conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreemer t is unsuccessful. (KRS 533.252(3)).

CRITICALCivil cases

Applies to

Motion

A hearing must be set by motion for a definite time and date before the Domestic Relations Commissioner, who provides the setting if it is not on a regularly scheduled motion day.

Hearing shall be by motion set for a time and date certain before the Domestic Relations Commissioner, which time and date shall be provided by the Commissioner if not on a regularly scheduled motion day of the Court.

CRITICALCivil cases

Applies to

Pleading

All pleadings must provide the personal identifying information required by KRS Chapters 205, 403, 405, 406, and 407.

In addition, 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.

CRITICALCivil cases

Applies to

Respondent waiver

In uncontested dissolution of marriages or dissolution of marriage wherein the parties reach an agreement on all issues, the following documents shall be filed with the Court: B. A Waiver executed by the Respondent acknowledging: (a). that he/she has received the Petitioner's Final Verified Financial Disclosure, (b) that it is a true and accurate statement of the parties' assets and liabilities, (c) that the Respondent has not been advised by the Petitioner's attorney, and (d) that the Respondent had an opportunity to seek individual counsel, and has either sought separate counsel or has declined to do so.

In uncontested dissolution of marriages or dissolution of marriage wherein the parties reach an agreement on all issues, the following documents shall be filed with the Court: B. A Waiver executed by the Respondent acknowledging: (a). that he/she has received the Petitioner's Final Verified Financial Disclosure, (b) that it is a true and accurate statement of the parties' assets and liabilities, (c) that the Respondent has not been advised by the Petitioner's attorney, and (d) that the Respondent had an opportunity to seek individual counsel, and has either sought separate counsel or has declined to do so.

CRITICAL

Applies to

Proposed judgment and order of sale

The proposed order must also provide for newspaper notice once a week for three successive weeks and specify the stated down payment, credit period, and interest rate.

together with a street address or short description of said parcel of land once a week for three (3) successive weeks next preceding the date of sale in the newspaper with the largest bona fide circulation published in this County. The real estate shall be sold on terms of ten percent (10%) down and the balance on credit of forty-five (45) days, bearing interest at the rate of twelve percent (12%) per annum from date of sale until the purchase price is paid."

CRITICAL

Applies to

Verified financial disclosure statement

A party making a non-marital claim for a vehicle must comply with Section VIII(D)(10).

Are you making a non-marital clam? _ If yes, you must comply with Section VIII(D)(10))

CRITICAL

Applies to

Original pleading or first responsive pleading

When child or spousal support or maintenance is at issue, each party must file specified tax and earnings records with the original or first responsive pleading.

6.02 In any action wherein the support and maintenance of children or spousal maintenance is in issue, each party shall file with his/her original pleading or first responsive pleading a copy of his/hcr copics of the Federal 1040 Income Tax return, including the schedules thereto appended for the immediate past three (3) years, together. with W-2s and any 1099s received for those years; wage statements from his/her employer for the immediate prior cight (8) weeks; and/or documented cvidence of his/her earnings for the immedine prior three (3) months.

CRITICAL

Applies to

Verified motion

A verified motion in a dissolution or child custody proceeding must be filed on AOC 275.1 as a Petition.

If a verified motion is filed in the dissolution or child custody proceeding, the motion must be filed on AOC 275.1, as a Petition, pursuant to KRS 403.730(2), and shall be assigned a domestic violence "D" case number with the appropriate trailer number regardless of the fact that it was filed as a motion in the Circuit Court dissolution or child custody case.

CRITICALCivil cases

Applies to

Request for video order

A video of an in-chamber interview with a child may not be released without a specific written order, and a request for that order must include a written explanation identifying the requested portion and the request's purpose.

Pursuant to FCRPP 17, the presiding Circuit Court Clerk's Office shall not release any video in-chamber interviews with children without a specific written order of the Circuit Judge. An individual requesting a judicial order must provide the presiding Judge a written explanation for the request which specifically indicates the portion of the video record being requested is an in-chamber interview with a child and specific purpose for the request.

CRITICALCivil cases

Applies to

Case data sheet

The Case Data Sheet (Form AOC-FC-3) must be fully completed in all cases.

A. Case Data Sheet (Form AOC-FC-3) must be fully completed in all cases.

CRITICAL

Applies to

Court order

A court order referring a judicial sale to the Master Commissioner must state the reference's purpose and the Commissioner's duties.

If by Court Order, the order shall specifically indicate the purpose of the reference and the duties to be performed by the Master Commissioner.

CRITICAL

Applies to

Verified financial disclosure statement

A party making a non-marital claim for real estate must comply with Section VIII(D)(10).

Are you making a non-marital claim" If yes, you must comply with Section VIII(D)(10)

CRITICALCivil cases

Applies to

Motion for confidential video records

Confidential video records generally require a specific written order for release, and a request must be made by written motion stating its purpose, subject to the stated paternity and public-officer exceptions.

The Circuit Court Clerk's office shall not release any copies of confidential video records, except for Paternity actions, without a specific written order from the presiding Judge. An individual requesting a judicial order must file a written motion, with notice to all parties, including the child's Guardian Ad Litem, if any, and set forth the purpose of the request. Except that, pursuant to KRS 610.340(2), this shall not apply to public officers or employees engaged in the investigation and prosecution of cases under KRS Chapters 600 through 645 or other prosecutions authorized by the Kentucky Revised Statutes, as certified by that public officer or employee. Said public officer or employee shall use and distribute this information only for investigation or prosecution of offenses under the Kentucky Revised Statutes.

CRITICALCivil cases

Applies to

Mediation agreement

a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.

a. Handwritten or recorded mediation agreements must be typed and signed by all parties and their counsel, if any, within ten (10) working days.

CRITICAL

Applies to

Proposed judgment and order of sale

The proposed judgment and order of sale must contain a typed or machine-printed legal description and complete source of title; referring to an attachment is insufficient.

ii. The typed or machine printed legal description of the property to be sold with a complete source of title. (A reference to an attachment will not be sufficient).

CRITICALCivil cases

Applies to

Appearance waiver or agreement

An unrepresented party signing and acknowledging an appearance and waiver or agreement must do so before a notary or deputy circuit clerk.

Any unrepresented party who signs and acknowledges appearance and waiver or agreement shall do so before a notary or deputy circuit clerk.

CRITICAL

Applies to

Additional fee motion

A Guardian ad Litem seeking an additional fee must file a motion with a supporting affidavit before or at the same time as filing the report.

10.05 Unless a Motion for additional fee is filed, accompanied by an affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Guardian ad Litem upon the entry of a final judgment of the Court for the matter in which the Guardian ad Litem was appointed or upon other Order of the Court which acknowledges that the Guardian ad Litem has discharged his or her duties in satisfaction of the appointment. Failure of the Guardian ad Litem to file a Motion and supporting affidavit for additional fee prior to, or contemporaneous with the filing of his/her report shall be deemed acceptance of the standard fee herein established.

CRITICAL

Applies to

Domestic violence petition

Domestic violence petitions must be assigned a “D” case number and any appropriate trailer number, regardless of who reviews them.

All domestic violence petitions shall be assigned a domestic violence "D" case number with the appropriate trailer number, if any, regardless of who (District Judge, Circuit Judge, or Trial Commissioner) reviews the petition and orders the case filed.

CRITICAL

Applies to

Pretrial witness and exhibit disclosures

In civil matters, the parties must exchange complete witness and exhibit lists at least 90 days before trial, with the offering party providing a brief summary of the facts each witness will address or exhibit will support.

7.07 In all civil matters within no less than ninety (90) days preceding the trial date, the parties shall exchange a complete list of witnesses and exhibits. The offering party shall include a brief summary of the facts to which the witness will testify and/or a summary of the fact which the exhibit is intended to support.

CRITICAL

If making a non-marital claim for bank accounts, the filer must comply with the referenced section.

Are you making a non-marital claim If yes, you must comply with Section VIU(D)(10))

CRITICALCriminal cases

Applies to

Diversion report

Before participation is approved, the diversion report must be made available to the County Attorney, the Trial Judge, and the Defendant.

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.

CRITICALCivil cases

Applies to

Adoption records inspection application

Applications to inspect adoption records must be presented to the judge of the circuit court division that adjudicated the matter.

Applications regarding inspection of Adoption Records Requests shall be presented to the judge of the circuit court division which adjudicated the matter.

CRITICAL

Applies to

Motion for child support or responsive pleading

When child support is at issue, each party must file a Child Support Worksheet with a child-support motion or responsive pleading, using DrR Form 2.

6.03 If any action wherein child support is in issue, the parties shall each file with their motion for child support or any responsive pleading a Child Support Worksheet in conformity with KRS 403.211, 403.212, and 403.213 in the Form attached to these rules as DrR Form 2.

CRITICAL

Applies to

Witness list

In permanent-custody actions, each party must provide the other party a list of nonparty witnesses and their addresses at least 30 days before the hearing.

6.04 In any action wherein the permanent custody of children is in issue, each party shall (not less than thirty (30) ‹days prior to the day sct for hearing) provide the other party with a list of the names and a dresses of each and every person; other than a party or a child of the parties, expected to be called as a witness.

CRITICALCriminal cases

Applies to

Motion

If the accused terminates before the contract expires without the pretrial officer's consent, the pretrial officer must refer the case to the County Attorney, who must file a written motion to place it on the criminal docket for sentencing.

Where the termination is prior to the expiration of the contract period and without the consent of the pretrial officer, the pretrial officer shall refer the case to the County Attorney, who shall file a written motion requesting that the case be placed on the criminal docket for sentencing.

CRITICAL

Applies to

Default judgment motion summary judgment motion order of sale

Every motion for default judgment or summary judgment and every order of sale must include the information specified under Rule 12.03, which is nonexclusive.

Every motion for default judgment or summary judgment and order of sale shall include, but not be limited to, the following information:

CRITICAL

A business owner, shareholder, partner, or similar person must provide the business’s last-filed income tax return and documentation of income earned or received through the business during the last 24 months.

owner, shareholder, partner, etc.), provide a copy of last income tax returned filed by business and documentation o income earned (or portion received) through business during last twenty- four (24) months)

CRITICALCivil cases

Applies to

Notice and motion

When a matter is remanded to the DRC for additional hearings or recommendations, counsel must file a notice and motion to notify the DRC and schedule the hearings or comply with the judge's order.

In the event a matter is remanded to the DRC by the Judge of the Court upon objections/exceptions for additional hearing(s) or recommendations, it shall be the responsibility of counsel to file a notice and motion to notify the DRC and to schedule any additional hearing(s) or to comply with the Order of the Judge of the Court.

CRITICALCriminal cases

Applies to

Diversion report

The Pretrial Service Office must prepare a diversion report containing basic pretrial information and a record of past offenses; the listed contents continue beyond this excerpt.

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

CRITICAL

The filer must list other assets in which they have an interest and provide documentation of the non-marital interest’s value, acquisition date, and source, including tracing non-marital funds used to acquire each asset.

Provide a list describing any other assets you have an interest in, including any documentation as to the value of the non-marital interest, date asset was acquircd, and source of non-marital interest (trace and document non-martial funds used to acquire each asset)

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must prohibit the defendant from possessing or controlling a firearm or other deadly weapon as defined, including the listed additional weapons.

Require that the defendant not possess or be in control of a firearm or other deadly weapon (as defined by KRS 500.080(4), which may further include black powder arms and/or instruments capable of propelling a projectile by compressed air or kinetic energy (long bow, cross bow or compound bow).

CRITICAL

Applies to

Mediator report

The mediator must report the mediation's status and outcome to the court and may, with the parties' consent, identify matters that could facilitate settlement.

The mediator shall report to the court that the mediation has not occurred, has not been completed, or that the mediation has been completed with or without an agreement on any or all issues. With the consent of the parties, the mediator also may identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.

CRITICALCriminal cases

Applies to

Motion for pretrial diversion

The movant must use AOC Form 347 or a court-approved form with the specified title, include or attach the Commonwealth's Attorney's recommendation, obtain the required signatures, and file it with the Circuit Court Clerk.

The movant shall use AOC Form 347 or a form of approved by this Court which shall be styled, "Motion for Pre-trial Diversion of a Class "D" Felony". The above form shall include or be accompanied by the Commonwealth's Attorney's recommendation and shall be signed by the Defendant, Defense Attorney and the Commonwealth's Attorney . As with all other motions, the same shall be filed with the Circuit Court Clerk .

CRITICAL

Applies to

Order to remand

After the Defendant accepts a plea offer resolving a criminal matter set for trial, the Commonwealth must tender an Order to Remand the matter from the trial docket.

8.08 Upon acceptance by the Defendant of a plea offer resolving any criminal matter set for trial, the Commonwealth shall tender an Order to Remand the matter from the trial docket.

CRITICAL

Applies to

Verified financial disclosure statement

In a dissolution action whose pleadings refer to marital property or debt incurred during the marriage, the initial moving party must prepare and file a Verified Financial Disclosure statement in the form set out in DrR Form 1.

In any action for dissolution of marriage, if any pleadings refer to the existence of marital property or debt: incurred during the marriage, the party tendering the pleadings ("initial moving party") shall prepare and file a Verified Financial Disclosure ("VFD") statement in the form an. fashion as set forth in DrR Form 1, which is attached to these rules.

CRITICAL

Applies to

Pleading

A pleading for a matter on the Domestic Relations Commissioner’s docket must include the specified notice language in its Notice section.

13.06 Matters to be heard on the docket of the Domestic Relations Commissioner shall state same in the Notice section of the pleading as follows: "Take Notice that the undersigned will appear before the Domestic Relations Commissioner of the Court on WEEKDAY, the day of MONTH, YEAR at the hour of a.m./p.m. local prevailing time, or as soon thereafter as may be heard to make the following Motion."