Grayson County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

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

Are you making a non-marital claim'? If yes, you must comply with VII(D)(10))

CRITICAL

Applies to

Pretrial diversion order

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

(B) The Order of Divesion shall: (7) Require hat 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 compoun:/ bow).

CRITICAL

Applies to

Pretrial diversion order

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

(B) The Order of Divesion shall: (3) Require the defendant to pay restitution to the victim (which may be an entity other: than a natural person) in full, if applicable.

CRITICAL

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

Are you making a non-marital claim It yes, you must comply with VII(D)(10))

CRITICAL

Applies to

Debt schedule

For each debt designated as non-marital, the filer must identify who should assume responsibility and explain why.

2. For each debt designated as "non-marital," list the party you think should assume responsibility for said debt and why

CRITICAL

Applies to

Initiating pleading

Each initiating pleading filed with the Clerk must include a cover sheet signed by the Plaintiff or Plaintiff’s counsel with the specified case, party, jury-trial, and process information.

14.02 All initiating pleadings (Complaints, Petitions, etc.), when filed with the Clerk of the Court, shall be accompanied by a cover sheet signed by the Plaintiff or Counsel for the Plaintiff and designating the identities of the parties; the nature of the action; the court having jurisdiction; and, whether or not a trial by jury is requested, as well as a listing to include the name and address of each defendant which designates the type of process needed. A copy of the cover sheet is attached hereto as Addendum D.

CRITICALCriminal cases

Applies to

Diversion contract

The Diversion Contract must include any special terms required by the Trial Judge.

The Diversion Contract shall further contain any special terms required by the Trial Judge.

CRITICAL

Applies to

Verified financial disclosure statement

The financial disclosure statement must list the asset type, amount owed, and equity for each asset.

(for each asset, list type of asset, amount owed and equity)

CRITICAL

Applies to

Pretrial diversion order

The diversion order must state the deferred-sentence duration, which cannot exceed the statutory maximum for the offense, and the diversion duration, which cannot exceed the greater of five years or the time needed to complete restitution.

(B) The Order of Divesion shall: (1) 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 rehance upon the deferral agreement. (2) State the duration of the diversion, which shall not exceed the greater of five years or the time necessary to complete restitution.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must require that the defendant commit no other offense.

Require that the defendant commit no other offense.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

The Commonwealth must submit a written recommendation to the Court in response to every application.

The Commonwealth shall make a written recommendation to the Court in response to each application.

CRITICALCivil cases

Applies to

Aoc form 280

The parties must file AOC Form 280, individually or jointly, to notify the Commissioner that the matter is ready for submission.

The parties shall be responsible to file individually or jointly AOC Form 280 to notify the Commissioner the matter is ready to be taken under submission.

CRITICAL

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

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

CRITICAL

Applies to

Pretrial diversion order

The diversion order must require the defendant to obey all rules and regulations imposed by the Division of Probation and Parole.

(B) The Order of Divesion shall: (5) Require he defendant to obey all rules and regulations imposed by the Division of Probation and Parole.

CRITICALCivil cases

Applies to

Commissioner reports and recommendations

Commissioner reports and recommendations in contested matters must contain findings of fact and conclusions of law.

All reports and recommendations of the Commissioner in contested matters shall contain findings of fact and conclusions of law.

CRITICALCriminal cases

Applies to

Commonwealth report

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

When diversion is recommended. Commonwealth must make a written report to the Court as to the recommended conditions for the pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful .

CRITICAL

Applies to

Jury instructions

The parties must tender proposed jury instructions to the Court at the final pretrial conference.

At the final pre-trial conference, the parties will tender to the Court proposed jury instructions.

CRITICAL

Applies to

Proof of discharge dismissal or relief from stay

If a defendant sought bankruptcy relief, proof of discharge, dismissal, or relief from stay must be filed.

ili. If any defendant has sought relief in bankruptcy, proof of discharge, dismissal or relief from stay is required to be filed.

CRITICALCriminal cases

Applies to

On record statement

If the County Attorney refuses consent to participation, the County Attorney must state the reasons on the record.

B. If the County Attorney refuses to consent to the Defendant's participation in the Diversion Program, hc/she shall state on the record the reasons therefore.

CRITICAL

Applies to

Motion

Each motion must be verified or supported by the movant’s affidavit(s).

Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.

CRITICAL

Applies to

Judicial sale motion

A motion seeking judicial sale must include an attorney's affidavit describing a title-record search covering at least 30 years through recording of the Lis Pendens, and an attached Title Opinion run through filing of the Lis Pendens that notes delinquent taxes and assigned certificates of delinquency.

Every motion filed seeking judicial sale of property must include the following documents: An affidavit of the attorney for the party seeking a judgment and judicial sale of property that he/she has searched, or caused to be searched, the records of the applicable County Clerk, covering a period of at least thirty (30) years next proceeding the date of filing of the complaint continuing through the date and time recording of the Lis Pendens. In addition, Opinion relating to the applicable property and the named parties as their interests appear of record shall be attached. Said Title Opinion shall be required to be run to the date and time of the filing of the Lis Pendens in the County Clerk's office. Said Title Opinion shall note all delinquent property taxes and assigned certificates of delinquency. Said Title Opinion shall be kept under seal by the Clerk subject only to inspection by the Court, the Master Commissioner, the parties to the action or their counsel, or upon order of the Court; AND,

CRITICALCriminal cases

Applies to

Speedy trial waiver statement

Upon approval to participate, the accused must sign a statement waiving the right to a speedy trial.

C. Upon approval for participation in the Diversion Program, the accused must sign a statement waiving his/her right to a speedy trial.

CRITICAL

Applies to

Tendered order

Every tendered order must include a distribution list naming the parties or their counsel and all other recipients to whom the Clerk must distribute copies.

9.04 Any tendered Order shall include a distribution list setting forth the name of the party and/or counsel for the party and all other persons or entities to whom copies must be distributed by the Clerk.

CRITICALCriminal cases

Applies to

Diversion contract

The formal Diversion Contract must specify its required conditions, referral services, length, and any required restitution or community service.

B. Upon agreement of the County Attorney and the Defendant regarding participation in the Diversion Program, the accused shall meet with the pretrial officer to establish and agree to a formal contract, which shall specify the conditions required, the referral services to be used, the length of the contract, and the need, it any, for the accused to make required restitution or perform community service.

CRITICAL

Applies to

Motion for pretrial diversion

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

(5) The movant shall use AOC Form 347 or a form of approved by this Court which shal. 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

Additional fee motion

A Warning Order or Military Warning Order Attorney seeking an additional fee must file a motion with a supporting affidavit before or at the same time as filing the report.

10.04 Unless a Motion for additional fee is filed accompanied by affidavit supporting the basis for same, the Clerk of the Court shall pay the deposited fee to the Warning Order/Military Warning Order Attorney upon the entry of an Order by the presiding judge which acknowledges the filing of the report of same in satisfaction of the appointment in conformance with the applicable statutes and rules. Failure of the Warning Order/Military Warning Order Attorney 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.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must require the defendant to obey all rules and regulations imposed by the Division of Probation and Parole.

Require the defendant to obey all rules and regulations imposed by the Division of Probation and Parole .

CRITICAL

Applies to

Motion

Must include

certificate of service

A certificate that the tendered judgment and order of sale was served on the Master Commissioner must be provided when the motion is filed.

(E) A certificate that a copy of the tendered judgment and order of sale was served on the Master Commissioner at the time the motion is filed.

CRITICAL

Applies to

Pretrial diversion application

When applying for pretrial diversion, defense counsel must state that the defendant waives speedy-trial and final-disposition rights if diversion is granted, and the defendant must agree on the record.

(B) 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 final disposition of the charge against him/her is waived.

CRITICAL

Applies to

Required attachments

The listed documents and information must be attached to the form, with requested information provided on a separate sheet and attached when needed.

To complete this section, you must attach all of the following documents and/or provide the requested information on a separate sheet and attach to this form. In the spaces provided, mark as follows: "A" = to indicate that the requested document/information is attached "U" = to indicate that the requested document/information is unavailable (Provide explanation on a separate page) "N/A" - if not applicable PERSONAL INFORMATION OF BOTH PARTIES B. INCOME AND EMPLOYMENT OF BOTH PARTIES Three (3) most recert: paycheck stubs 2. Federal Income Tax Return for the last year filed State Income Tax Fetum for the last year filed 4. Documentation of all other income for the past 48 months, including source of income and amount of income received year-to-date C. CHILDREN Verification of work: related child care expense 2. Verification of cost of health/dental insurance for children's portion (e.g. difference between cost of single and family plan) D. ASSET SCHEDULES Most recent statement of each bank account 2 Most. recent brokerage statements or documentation of purchase and for value for each investment Explanation of sour:c of cash holdings, location and amount of cash. For each piece of rel estate, copy of deed, documentation of all indebtedness (i.e. mortgage, home equity loan, lens, etc.) including unpaid balance and payoff (with date payoff amount obtained) for each debt, and current tax assessment 5 Declaration page of life insurance policies and documentation of cash surrender values Documentation of benefits accrued in pension, profit sharing, 401(k) or other retirement plans, including most recent statements of each such plan and the name, address and phone number of plan administratot For each vehicle, provide amount of payoff of any indebtedness (including date payoff amount obtained) and copy of title For each business interest, list name of business, extent of interest or title in business (l.e.

CRITICAL

Applies to

Motion for default judgment

A motion for default judgment must include an affidavit under the Servicemembers' Civil Relief Act and an attorney affidavit addressing the default and whether counsel received papers from the defaulting party.

11. If the matter is before the Court on a motion for default judgment, an affidavit pursuant to the Servicemembers' Civil Relief Act of 2003; and an affidavit of the Attorney stating that the Defendant(s) in default have failed to plead or otherwise defended as provided by the applicable rules of procedure; and, that no papers have been served on counsel by the party in default or received by counsel from the party in default.

CRITICAL

Applies to

Assignment of bid

A purchaser assigning a judicial-sale bid must file the assignment with the Circuit Court Clerk and tender a copy to the Master Commissioner.

12.07 If the purchaser at a judicial sale desires to assign his/her bid to a third party, then this assignment shall be filed with the Circuit Court Clerk and a copy tendered to the Master Commissioner.

CRITICALCivil cases

Applies to

Status quo order motion

The status quo order motion must state that the respondent has ten days to object to entry of the order.

The Motion must state that the Respondent has ten days to file an objection to entry of said Order.

CRITICAL

Applies to

Agreed order

When a civil action set for trial settles, the parties must immediately notify the Clerk and presiding Judge by agreed order remanding the matter from the trial docket and stating the settlement terms with appropriate detail.

7.08 - Upon the settlement of any civil action which is set for trial, the parties shall immediately notify the Clerk of the Court and the presiding Judge by means of an agreed order remanding the matter from the trial docket and setting forth, with as much particularity as the parties determine is necessary and appropriate, the terms and conditions of settlement.

CRITICAL

Applies to

Expert witness list

The Defendant must provide an expert-witness list at least 90 days before trial, including the expert’s contact information, expected opinion and supporting facts, and qualifications; a witness who is both a fact and expert witness is treated as an expert for these timing provisions.

The Defendant shall furnish a list of expert witnesses from whom it is expected that an expert opinion will be elicited no less than ninety (90) days preceding the trial date. The list shall include the name, address and telephone number of the expert, as well as a succinct summary of opinion which he/she is expected to give, and the facts he/she is expected to rely upon in forming that opinion, and a curriculum vitae or other documentation setting forth the qualification of the person to serve as an expert witness. Any witness who is both a fact witness and an expert witness (i.e. treating physician) shall, for the purpose of these timing provisions, be treated as an expert.

CRITICALCivil cases

Applies to

Motion

Each motion must be verified or supported by the movant's affidavit or affidavits.

Each motion shall be verified or supported by affidavit(s) of the Movant, which shall be served upon the adverse party with the motion.

CRITICAL

Applies to

Required attachments

Mark each requested item A if attached, U if unavailable with an explanation on a separate page, or N/A if not applicable.

In the spaces provided, mark as follows: "A" = to indicate that the requested document/information is attached "U" = to indicate that the requested document/information is unavailable (Provide explanation on a separate page) "N/A" - if not applicable

CRITICAL

Applies to

Agreed order

An agreed order substituting or withdrawing counsel must name the new counsel and be signed by all parties.

(A) An Agreed Order which names the "new" counsel and is signed by all parties; or,

CRITICAL

Applies to

Motion for default judgment summary judgment or order of sale

Each motion for default judgment or summary judgment and each order of sale must be accompanied by a sworn affidavit from a person with personal knowledge or responsibility, stating the obligor, amount owed, costs, and facts constituting default or acceleration.

(B) Every motion for default judgment or summary judgment and order of sale shall be accompanied by the following: i. An affidavit signed by and sworn to by an individual(s) with personal knowledge or responsibility of the account or obligation for which judgment is sought or been previously awarded setting forth: (a) the name of the person(s) and/or entity(ies) owing the obligation, debt or judgment; (b) the amount owed with interest if any; (c) a schedule of costs; and, (d) the facts which constitute the default or acceleration of the obligation; AND,

CRITICAL

Applies to

Pretrial diversion recommendation

The Commonwealth must submit a written recommendation to the Court in response to each application.

(C) The Commonwealth shall make a written recommendation to the Court in response to each application. (KRS 533.250(2)).

CRITICALCivil cases

Applies to

Mediation outcome report

At the conclusion of mediation, the mediator must report the outcome to the Court without comment.

1. At the conclusion of mediation, the mediator shall report without comment to the Court the outcome of the mediation, (i.e. a full agreement, partial agreement or mediation terminated).

CRITICALCivil cases

Applies to

Uncontested dissolution filings

In an uncontested dissolution or a dissolution with agreement on all issues, the filer must submit a Final Verified Financial Disclosure or, if the AOC-238 was filed, an affidavit stating there have been no changes in circumstances.

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: A. A Final Verified Financial Disclosure required by FCRPP3(3)(b) or an Affidavit that there no changes in circumstances since the completion of the AOC-238, Preliminary Verified Disclosure Statement, if filed.

CRITICAL

Applies to

Schedule modification

The parties may not modify the schedules under this rule by agreement unless they do so through an agreed order signed by the presiding judge.

7.10 No modification of the schedules set forth in this rule shall be made by agreement of the parties except as provided by agreed order signed by the presiding judge.

CRITICAL

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

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

CRITICALCivil cases

Applies to

Petition

A Case Data Information sheet, Form AOC-FC-3, must be filed with the petition.

A Case Data Information sheet shall be filed with the petition (Form AOC-FC-3).

CRITICAL

Applies to

Proposed judgment and order of sale

The proposed judgment and order of sale must state how the Court acquired jurisdiction over each party, using the specified service-and-date wording.

C) A proposed judgment and order of sale, which contain the following provisions: 1. A statement of the manner in which the Court has acquired jurisdiction over the parties to the action; to wit,iThe Defendant, , is before the Court by means of (TYPE OF SERVICE) which was accomplished on (DATE)."

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for diversion, defense counsel must state and the defendant must agree on the record to waive speedy-trial and final-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 final disposition of the charge against him/her is waived.

CRITICAL

Applies to

Report of sale

The Commissioner must file the report of sale with the Clerk of the Court.

The Commissioner shall file his/her report of sale with the Clerk of the Court,

CRITICALCivil cases

Applies to

Agreed order

An agreed order modifying an existing order or condition must be noticed and docketed on the DRC docket before submission to the Judge.

Any Agreed Order modifying an existing order(s) or conditions therein shall be noticed and docketed on the DRC docket prior to submission to the Judge of the Court.

CRITICAL

Applies to

Motion

Must include

proposed order

Except for motions heard before the Domestic Relations Commissioner, each motion requesting judicial relief must include a proposed order stating the requested relief and the tendering attorney’s specified contact, representation, and signature information.

9.03 Excluding motions to be heard before the Domestic Relations Commissioner, each Motion requesting judicial relief shall be accompanied by a proposed Order setting forth the particulars of the relief sought and including the name, address, telephone number, statement of representation and signature of the attorney by whom said Order is tendered.