Greenup Circuit Court Document Filing Requirements

CRITICAL

Applies to

Child support filing

Each party must file a worksheet computation when child support is requested to be set or modified, unless the parties otherwise agree to child support.

In all cases in which child support is either requested to be set or modified, a worksheet computation is required to be filed by each party in conformance with KRS 40-3.212), unless child support is otherwise agreed to by the parties .

CRITICAL

Applies to

Discovery objection

An objection to an interrogatory or request must reproduce it in full and state the reason and grounds for the objection.

Likewise, any objections filed to an interrogatory or to a request shall set out in full the. interrogatory or request with the reason and grounds for the objection thereto.

CRITICAL

Applies to

Default judgment motion

For a default judgment under Rule 55.01, the party must first file a written motion, place it on the appropriate Motion Day docket, and provide a tendered judgment and notice to the party in default; the attorney need not attend, and judgment may be entered after notice and the Court’s determination that legal requirements are met.

A party seeking a judgment by default where Rule 55.01 of the Kentucky Rules of Civil Procedures applies shall first file a written motion for such ajudgment and have the motion placed on the appropriate Motion Day docket, with a tendered judgment and notice to the party in default. The attorney seeking the default judgment need not be present for the motion, and the default judgment may thereafter be entered after notice has been given and it is determined by the Court that it meets all necessary legal requirements .

CRITICAL

Applies to

Show cause motion

Show-cause contempt motions must be submitted ex parte with appropriate affidavits.

Motions to show cause why a party should not be held in contempt of court shall be submitted ex parte to the Court with appropriate affadavits .

CRITICAL

Applies to

Prosecutor discovery filing

If the Commonwealth withholds file contents as non-discoverable, it must state that in writing when it files the Prosecutor's file contents.

In the event the Commonwealth withholds any material contents in its file, under a claim of same being non-discoverable, the Commonwealth shall state so in writing, at the time the Prosecutor's file contents are filed with the Court.

CRITICAL

Applies to

Notice of intent to call expert

The defense attorney must give the court and the Commonwealth written notice of intent to call the expert at least 30 days before trial.

The defending attorney shall, in writing, notice the court and the Commonwealth thirty (30) days prior to trial of the defending attorney's intent to call the expert as a witness.

CRITICAL

Applies to

Property list

The property list must be filed in the record.

This shall be served on opposing counsel and filed in the record .

CRITICAL

Applies to

Notice and motion

Must include

certificate of service

When service on the Circuit Judge is called for by the case, the service must be stated in the certificate of service.

A copy of all notices and motions shall be served upon the Circuit Judge at his office in Greenup, Kentucky, as called for by the case, and such service shall also appear in the certificate of service .

CRITICAL

Applies to

Motion for compensation

A motion for compensation must include an affidavit stating the appointment’s statutory basis, services and fee information, and case conclusion and disposition date.

Motions for compensation shall be accompanied by an affidavit indicating: - 1. The statutory basis for appointment; - 2. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and - 3. That the action or proceedings have been concluded and the date of disposition.

CRITICAL

Applies to

Motion

A request for a judicial order must be made by written motion stating its purpose.

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 for the request.

CRITICAL

Applies to

Pleading motion or other paper

Must include

case number

Every pleading, motion and 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.

Every pleading, motion and 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.

CRITICAL

Applies to

Grand jury recording duplicate

Upon a Defense motion under RCr 5.16(3), the Commonwealth must provide defense counsel a duplicate of the specified Grand Jury recording.

Upon Defense motion, pursuant to RCr 5.16(3), the Commonwealth shall provide the Defendant's counsel a duplicate of any mechanical recording relating to the indictment testimony taken before the Grand Jury.

CRITICAL

Applies to

Petition

Petitions must be submitted to the County Attorney for review, routed to a Family Court Judge if rejected, and, if approved, initialed and distributed and filed as specified.

All petitions shall be filed in accordance with FCRPP 20 and shall be submitted to the Greenup/Lewis County Attorney, who shall check the petition for legal sufficiency. If the petition is rejected by the County Attorney, it shall be submitted to a Family Court Judge for determination of legal sufficiency. If the Judge determines that the petition fails to state grounds for action pursuant to KRS Chapter 620, the petition shall be dismissed. If the petition is approved, the Assistant County Attorney or Judge, as appropriate, shall initial the petition for filing. A copy shall be distributed to the Assistant County Attorney assigned to prosecute dependency, neglect and abuse actions and the original shall be filed with the Office of the Greenup/Lewis Family Court Clerk.

CRITICAL

Applies to

Motion to submit

A motion to submit must accompany the deposition, any separation agreement, and the entry of appearance.

The case shall stand submitted with a motion to submit accompanied with copies of the deposition, any separation agreement, and the entry of appearance .

CRITICAL

Applies to

Motion

Must include

proposed order

Counsel must tender a proposed order with each motion when appearing on Motion Day.

Counsel shall tender a proposed order with each motion when they appear on Motion Day.

CRITICAL

Applies to

Protective order petition

Petitions seeking protection under KRS Chapter 403 or 456 must use form AOC-275.1 and be 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.

CRITICAL

Applies to

Expert report

The parties must produce for opposing counsel’s inspection a report from each expert expected to testify at trial.

Produce for inspection of opposing counsel a report from all experts who are expected to testify at trial .

CRITICAL

Applies to

Release of in chamber interview video

The Clerk's Office may not release a Family Division video of an in-chamber child interview without a specific written order from the Family Court Judge.

Pursuant to FCRPP 17, the Greenup/Lewis County Circuit Court Clerk's Office shall not release any Greenup/Lewis Family Division video in-chamber interviews with children without a specific written order of the Family Court Judge.

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

DNA 12

At the dispositional hearing, CHFS must provide the information required by FCRPP 28 by completing DNA 12.

At the dispositional hearing CHFS shall provide the Court with information required pursuant to FCRPP 28 by completing DNA 12.

CRITICAL

Applies to

Summons

If a case is reassigned or transferred, the issuing judge must re-issue a summons until the receiving judge can hear the matter.

If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

CRITICAL

Applies to

Dispositional hearing submission

If siblings have been separated, CHFS must explain the reasons for the separation.

In addition, if the siblings have been separated, CHFS shall explain the reasons for the separation.

CRITICAL

Applies to

Judgment or order

Judgments and orders presented for signature must include the scrivener's typed name and signature and the words “Prepared By.”

All judgments and orders presented to the Court for signature shall contain the scrivener's typed name and signature and shall indicate "Prepared By".

CRITICAL

Applies to

Petition for order of protection

The reviewing judge must identify in the petition’s “Court Action” section whether the resulting action 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.

CRITICALCriminal cases

Applies to

Written recommendation

The Commonwealth's Attorney must make a written recommendation to the Court in response to each application.

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

CRITICAL

Applies to

Discovery response

Answers to interrogatories, document-production requests, and requests for admission must reproduce the question or request immediately before the answer.

When answering interrogatories, requests for production of documents, or requests for admissions, the replying party shall as a part of his/her answer, set forth immediately preceding the answer, the question or the request made.

CRITICAL

Applies to

Financial schedule

Copies of U.S. tax returns for the last three years are to be attached to the financial schedule.

(Copies of U.S . Tax Returns for last three (3) years attached hereto)

CRITICAL

Applies to

Trial exhibits and charts

The parties must produce trial exhibits and charts for opposing counsel’s inspection and mark them for identification.

Produce for inspection of opposing counsel, and mark for identification, all exhibits and-charts which will be used during trial .

CRITICAL

Applies to

Special damages list

The parties must provide an itemized list of claimed special damages.

An itemized list of claimed special damages .

CRITICAL

Applies to

Mediation agreement

Any agreement reached at mediation 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 ofthe parties .

CRITICALCriminal cases

Applies to

Prosecutor recommendation

When recommending diversion, the prosecutor must submit written recommendations stating the diversion conditions and the sentence to impose if the agreement is unsuccessful.

When diversion is recommended, the prosecutor 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

Proposed findings conclusions and final decree

Proposed findings of fact, conclusions of law, and the final decree must be submitted in original form.

The proposed findings of fact, conclusions of law and final .decree shall be submitted in original form .

CRITICAL

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 clerk.

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

CRITICAL

Applies to

Proposed instructions or findings

At the pretrial conference, counsel must submit proposed instructions or, in non-jury cases, findings of fact and conclusions of law.

AT THE PRETRIAL CONFERENCE, COUNSEL SHALL SUBMIT TO THE COURT PROPOSED INSTRUCTIONS, OR IN NON-JURY CASES, FINDINGS OF FACT AND CONCLUSIONS OF LAW .

CRITICAL

Applies to

Trial management report

The Trial Management Report must include a concise factual summary, legal principles supported by authority, witness details and expected testimony, and the estimated trial length.

The Trial Management Report will contain the following information : A. A concise summary of the facts of the case . B. - A statement of the principles of law involved in the case, supported by the citation of appropriace authority . C. A list of all witness names, addresses, and summary of the expected testimony of each witness expected to be called at trial . D. Estimated length of time to try the case .

CRITICAL

Applies to

Guardian ad litem application

An application for appointment must be submitted on the appropriate form available from the Greenup and Lewis Family Court Office.

Application is to be made by submitting the appropriate form, which is available in the Greenup and Lewis Family Court Office.

CRITICAL

Applies to

Guilty plea motion

Should the Defendant accept the proposal, at the Trial Management Conference, Defense Counsel shall submit to the Court, "Motion to Enter Guilty Plea, form AOC-491, or other applicable forms, signed by the Defendant, and Defense Counsel .

Should the Defendant accept the proposal, at the Trial Management Conference, Defense Counsel shall submit to the Court, "Motion to Enter Guilty Plea, form AOC-491, or other applicable forms, signed by the Defendant, and Defense Counsel .

CRITICAL

Applies to

Prosecutor discovery filing

The Commonwealth's filed discovery must include the discoverable portion of the Prosecutor's file for the Defendant's use and inspection.

The Commonwealth shall file with the Court, a copy of the discoverable portion of the contents of the Prosecutor's file for the use and inspection ofthe Defendant, within fourteen (14) days of arraignment

CRITICAL

Applies to

Pleading

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.

CRITICAL

Applies to

Trial witness list

The parties must exchange with opposing counsel a list of trial witnesses, their addresses, and a summary of each witness’s expected testimony.

Exchange with opposing counsel a list of all witnesses' names and addresses and summary of the expected testimony of each witness expected to be called at trial .

CRITICAL

Applies to

Protective order petition

The reviewing judge must indicate in the petition’s “Court Action” section whether the matter 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

Applies to

Petition

Petitions must cite the specific statute and allege the facts relied on to establish the Court's jurisdiction.

Citations to specific statute and factual allegations relied upon in asserting the Court's jurisdiction; and

CRITICAL

Applies to

Property list

A case will not be set for trial until the itemized property list is filed with the Court.

No case will be set for trial by the Commissioner or the Court until the itemized property list is filed with the Court.

CRITICAL

Applies to

Motion

When appropriate, motions must state their specific grounds and the legal authority relied on.

Where appropriate, all motions shall include a statement setting forth the specific grounds of the motion and the legal authority upon which counsel relies in support of the motion .

CRITICAL

Applies to

Property list

(1) non-marital property belonging to the Petitioner and Respondent ; (2) marital property, itemized with the value stated after each item.

(1) non-marital property belonging to the Petitioner and Respondent ; (2) marital property, itemized with the value stated after each item.

CRITICAL

Applies to

Evidence list

Officers holding evidence back for impracticality or security reasons must list the evidence and its safekeeping location, provide the list to the Commonwealth's Attorney, and include it in discovery filings.

All law enforcement officers possessing evidence not otherwise provided to the Commonwealth's Attorney office, due to impracticality or security reasons, shall make a list of said evidence and the location of safekeeping. This list shall be provided to the Commonwealth's Attorney and shall be made a part of the Commonwealth's Discovery filings.

CRITICAL

Applies to

Financial schedule

The financial schedule indicates that income is to be shown by attached wage statements.

Income : (as shown by attached wage statements)

CRITICAL

Applies to

Mediator report

The mediator must report whether mediation did not occur, remains incomplete, or was completed with or without agreement; with the parties’ consent, the mediator may also 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 may also identify those matters which, if resolved or completed, would facilitate the possibility of a settlement

CRITICAL

Applies to

Petition

Petitions must provide full information about the child's parents and their addresses, and the petitioner must diligently try to locate the parents, including by contacting the Child Support Division.

Full information concerning the child's parents and the address(es). The Petitioner shall make diligent efforts to locate the child's parents, including but not limited to, initiating contact with the Child Support Division of the Greenup/Lewis County Attorney's Office.

CRITICAL

Applies to

Uncontested dissolution case

Uncontested dissolution cases containing an entry of appearance and waiver of notice must be submitted directly to the Circuit Judge on deposition.

Uncontested dissolution of marriage cases which contain an entry of appearance and waiver of notice shall be submitted directly to the Circuit Judge on deposition .