Green County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Merits motion

A merits motion must include a memorandum stating its grounds and citing the authorities relied upon.

All motions which go to the merits of the case, including motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02, shall be accompanied by a brief memorandum of the grounds for the motion with citation of authorities relied upon, not greater than 25 pages in length.

CRITICAL

Applies to

Petition

The reviewing judge must identify in the petition’s Court Action section whether the case 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

The adoption checklist requires verifying that all necessary parties are joined as defendants.

-Yes __ No Are all the necessary parties joined as defendants? KRS 199.480

CRITICAL

Applies to

Notarized consent form

The checklist requires verification that the notarized consent form has been filed by the specified living parents, or that an applicable statutory exception applies.

- Yes NO Has a notarized consent form been filed? KRS 199.500* *Filed by living parents (married), mother and father if established. _Yes If notarized consent has not been filed, do any of the exceptions to consent apply? KRS 199.500(1) (a)-(d) or KRS 199.502

CRITICAL

Applies to

Proposed findings conclusions

The petitioner must tender proposed Findings of Fact and Conclusions of Law.

_Yes -No and Conclusions of Law, and a separate Judgment of Has the petitioner tendered a proposed Findings of Fact Adoption?

CRITICAL

Applies to

Order

Upon a court ruling, counsel must tender an order that accurately states the ruling and contains a distribution list with the addresses of everyone entitled to notice of entry.

accurately states the ruling. To facilitate notice of entry pursuant to CR 77.04, all Orders Upon Ruling by the Court, counsel shall tender an Order to the Judge for entry which shall contain a Distribution list of all persons entitled to notice of entry and their address for service as set out in the following example.

CRITICALCriminal cases

Applies to

Notice of termination

The judge must sign the Notice of Termination on the prescribed form, with a copy of the Affidavit of Violations attached.

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICAL

Applies to

Continuance motion

A motion for a continuance must state the original trial date.

All Motions for a Continuance shall state the date of the original trial date.

CRITICAL

Applies to

Motion for final hearing for adoption

The adoption motion must state whether a guardian ad litem was appointed and the filing dates of the guardian ad litem and Cabinet reports.

The motion shall state whether a guardian ad litem was appointed, the date the guardian ad litem report was filed, and the date the Cabinet for Health and Family Services report pertaining to the case was filed.

CRITICALCriminal cases

Applies to

Notice of termination

The Notice of Termination shall be filed in the official record

The Notice of Termination shall be filed in the official record

CRITICALCriminal cases

Applies to

Agreement of participation

Staff must ask an eligible defendant to sign the Agreement of Participation on the prescribed form; the defendant's attorney may be present or absent.

If a defendant is determined to be eligible for assessment, Mental Health Court staff shall thoroughly explain Mental Health Court and the Agreement of Participation to the defendant and request that the defendant sign the Agreement of Participation on a form prescribed by the Mental Health Court, with or without the presence of the defendant's attorney.

CRITICAL

Applies to

Proposed scheduling order

Must include

proposed order

A party seeking a civil jury trial date must confer with counsel and tender a proposed scheduling order addressing discovery, witness-list exchanges, and pretrial memoranda before the conference date.

A party desiring assignment of a civil jury trial date shall confer with all other exchange witness lists, and file the pretrial memoranda set out in Rule 702 prior counsel and tender a proposed scheduling order to complete discovery, C. to a Pretrial Conference date set out in the proposed order.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit clerk must file the Notice of Termination and Affidavit of Violations in the official record and serve notice of termination on the parties, their attorneys, and probation and parole.

The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the notice of termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Notice eligibility

If a defendant refuses to sign the Agreement of Participation, staff must notify the referring judge using the prescribed Notice Eligibility form.

If a defendant refuses to sign the Agreement of Participation, Mental Health Court staff shall notify the referring judge by utilizing the Notice Eligibility form prescribed by the Mental Health Court.

CRITICAL

Applies to

Motion response

Any party properly served with a motion accompanied by a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length. Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion.

Any party properly served with a motion accompanied by a memorandum of grounds opposing the motion, with citation of supporting authorities, not greater than 25 pages in length. Such response shall be filed at least 24 hours prior to the time specified in the notice of hearing of the motion.

CRITICAL

Applies to

Appellate withdrawal papers

permission to withdraw is granted, it shall be the responsibility of retained trial counsel for any defendant who is to appeal a judgment of conviction. Before counsel to prepare and file the following: Notice of appeal pursuant to RCr 12.04, Order directing preparation of transcript, and/or Motion, affidavit, and order for leave to appeal in forma pauperis, 4. Order substituting the public defender's office as counsel on appeal.

permission to withdraw is granted, it shall be the responsibility of retained trial counsel for any defendant who is to appeal a judgment of conviction. Before counsel to prepare and file the following: Notice of appeal pursuant to RCr 12.04, Order directing preparation of transcript, and/or Motion, affidavit, and order for leave to appeal in forma pauperis, 4. Order substituting the public defender's office as counsel on appeal.

CRITICALCriminal cases

Applies to

Notice of termination

The circuit court clerk must file the Notice of Termination in the official record.

The Notice of Termination shall be filed in the official record by the circuit court clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.

CRITICALCriminal cases

Applies to

Order of diversion

An Order of Diversion must address restitution if applicable, supervision and applicable fees, duration, compliance with Probation & Parole rules, and the specified no-offense and other-condition requirements.

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), 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

Petition

The petition must include the listed parent, guardian or custodian, and consent-related information, with the stated exception for a father's name when certified TPR orders are filed.

• Names of parents, address of each living parent if known. Name of father born out of wedlock not given if certified TPR orders are filed. • Name and address of child's guardian, or of the • Further facts necessary for location of person whose cabinet/other agency/individual with custody. consent to adoption is required or whom KRS 199.480 • If any of the above is unknown, the lack of knowledge requires be made a party. shall be alleged.

CRITICAL

If the petitioner's husband or wife is the biological parent, that parent must be named as a party defendant.

Yes _No yes, then the biological parent shall be named as a party Is the petitioner's husband or wife the biological parent? If defendant. KRS 199.480(1)(b)

CRITICAL

Applies to

Request for judicial order

A person requesting a judicial order concerning a child interview video must provide a written explanation identifying the requested portion as an in-chambers child interview and stating the request's specific purpose.

An individual requesting a judicial order must provide the 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.

CRITICALCriminal cases

Applies to

Written referral order

A written order of referral from a judge must be received before Mental Health Court staff determine eligibility for assessment.

Upon receipt of a written order of referral from a judge, Mental Health Court staff shall determine whether a person is eligible for assessment using the following criteria.

CRITICAL

Applies to

Mediator report

The mediator must report to the court whether mediation occurred and whether it was completed, including whether an agreement was reached.

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.

CRITICAL

Applies to

Petition

The adoption petition must include the listed information about the child and petitioner, the child's relationship to each petitioner, the proposed adopted name, and any known property.

Yes _No Does the petition contain the necessary information? KRS Name, date/place of birth, residence, mailing address 199.490 Name, date/place of birth, residence, mailing address of petitioner; if married, date and place of marriage. (if known) of child. Relationship, if any, of child to each petitioner. Full name by which child shall be known after adoption. Description of property, if any, of child as far as it is known to petitioner.

CRITICALCriminal cases

Applies to

Notice of termination

The judge must sign the Notice of Termination on the court-prescribed form, with a copy of the Affidavit of Violations attached.

A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

CRITICALCriminal cases

Applies to

Ineligibility notice

Staff must notify the referring judge in writing on the prescribed form when a defendant is found ineligible.

If a defendant is determined to be ineligible for Mental Health Court, Mental Health Court staff shall inform the referring judge in writing using the form prescribed by the Mental Health Court.

WARNING

Applies to

Mediation agreement

The parties are responsible for drafting the agreement, but the mediator may assist with their consent.

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.

WARNINGCriminal cases

Applies to

Affidavit of violations

If a participant has absconded for at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on the prescribed form.

In the case of a participant who has absconded for a period of at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on a form prescribed by the Mental Health Court.

WARNINGCriminal cases

Applies to

Notice of termination

A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached.

WARNINGCriminal cases

Applies to

Notice of termination

If the judge finds the request knowing and voluntary, the judge may terminate the participant using the prescribed form and refer the case back to the appropriate circuit or district.

If the Mental Health Court judge determines that the request is knowingly and voluntarily made, the Mental Health Court judge may terminate the participant from Mental Health Court on a form prescribed by the Mental Health Court and refer the case back to the appropriate circuit or district.

WARNING

Applies to

Mediation statement or materials

The mediator may require the parties to submit a confidential case statement or other materials reasonably considered appropriate for conducting the mediation conference.

The mediator may meet with the submit a confidential statement of the case or other materials that the mediator may a procedure for the mediation conference. The mediator may require the parlies to reasonably believe appropriate for efficiently conducting the mediation conference.

WARNING

Applies to

Trial brief

The Court may require a trial brief summarizing the facts and law on which the parties rely and may set its filing deadline in the pretrial order.

the pre-trial a short memorandum of the facts and law on which they will rely, and fix the time conference. The Court may require the parties to submit a trial brief consisting of for filing such briefs in the pre-trial order.

WARNING

Applies to

Motions and correspondence

Must include

case number

Motions and correspondence must include the case number, party names, date, and motion type designation.

All motions and correspondence shall include the case number, the names of the parties, the date, and a designation of the type of motion.

INFO

Applies to

Mediator report

With the parties’ consent, the mediator may identify matters that could facilitate settlement if resolved or completed.

With the consent of the parties, the mediator may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement.

INFOCriminal cases

Applies to

Affidavit of violations

If a participant has absconded for at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on the court-prescribed form.

In the case of a participant who has absconded for a period of at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on a form prescribed by the Mental Health Court.

INFO

Applies to

Notice of filing of verified disclosure forms

A party may file a notice confirming delivery of a Verified Disclosure Form without attaching the form.

Notice of Filing of Verified Disclosure Forms may be filed to establish in the record that the disclosure form has been delivered to the other party without attaching the actual disclosure form to protect the privacy of the parties.

INFOCriminal cases

Applies to

Petition

A participant may petition the Mental Health Court judge for termination.

Participants may petition the Mental Health Court judge for termination from Mental Health Court.

CRITICAL

The adoption motion must be accompanied by proposed findings of fact and conclusions of law and a separate Judgment of Adoption.

A copy of the proposed findings of fact and conclusions of law and a separate Judgment of Adoption shall accompany the motion.