Greenup Circuit Court Document Filing Requirements

CRITICAL

Applies to

Release of confidential video record

The Clerk's Office may not release copies of confidential Family Court video records without a specific written order from the presiding Family Court Judge, except in paternity actions.

The Greenup/Lewis County Circuit Court Clerk's Office shall not release any copies of Greenup/Lewis Family Court confidential video records, except for paternity actions, without a specific written order from the presiding Family Court Judge.

CRITICALCriminal cases

Applies to

Order of diversion

An Order of Diversion must address restitution if applicable, supervision and any applicable fees, duration, compliance with Probation & Parole rules, and the defendant’s obligation not to commit an offense and to comply with applicable statutory or court-imposed conditions.

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 ofthe diversion. 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5. As required by KRS 533 .030(1), direct 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

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

Paternity case file access request

The Clerk’s Office must grant an attorney access to a paternity file for representation upon receiving either the attorney’s permission request statement or the party’s signed and notarized release.

Upon receipt of the Greenup/Lewis Family Court Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Greenup/Lewis Family Court Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's Office shall grant the attorney access to such a file.

CRITICAL

Applies to

Pleadings and papers requiring attorney signature

Pleadings and papers requiring an attorney’s signature must include the attorney’s typed name and complete address on the last page, including telephone and fax numbers if applicable.

All pleadings and papers requiring the signature of an attorney shall set forth on the last page thereof the typed name and complete address ofthe attorney including telephone number and FAX number if applicable .

CRITICAL

Applies to

Commonwealth discovery

The Commonwealth's discovery must include all information in its possession or control, including information covered by RCr 2.24 and RCr 2.26.

The Commonwealth shall include in its Discovery, all information in its possession or control, including the information contained in RCr 2.24 and RCr 2.26.

CRITICALCriminal cases

Applies to

Pretrial diversion application

When applying for pretrial diversion, counsel must state in writing, and the defendant must agree in writing, to waive the right to a speedy trial or disposition if diversion is granted.

In applying for pretrial diversion., counsel for the defendant must state, and the defendant must agree, in writing, in the event diversion is granted, to waive any right to a speedy trial or disposition ofthe charge against him/her.

CRITICAL

Applies to

Case data information sheet

In a divorce action where the parties are ordered to attend a Divorce Education Program, the Clerk's Office must provide the Case Data Information sheet to the Families In Transition Office.

In any divorce action where the parties are ordered to attend a Divorce Education Program, the Greenup/Lewis Family Court Clerk's Office shall provide a copy of the Case Data Information sheet to the Families In Transition Office.

CRITICAL

Applies to

Request for judicial order

A person requesting a judicial order for an in-chamber child interview video must give the Family Court Judge a written explanation identifying the requested portion and stating the specific purpose of the request.

An individual requesting a judicial order must provide the Family Court 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.

CRITICAL

Applies to

Commonwealth plea offer

The Commonwealth must file its plea disposition recommendation using AOC Form 491.1 within 14 days after filing its discovery.

The attorney for the Commonwealth shall provide to the Defendant, a recommendation of disposition of the case by filing in the Court record, "Commonwealth's Offer on a Plea of Guilty", AOC Form 491 .1, within fourteen (14) days of filing the Commonwealth's Discovery .

CRITICAL

Applies to

Agreements and agreed orders

Agreements and Agreed Orders must contain the correct mailing and e-mail addresses of the attorneys and parties.

All agreements and Agreed Orders shall contain the correct mailing and e-mail addresses for the attorneys and parties.

WARNING

Applies to

Itemized property list

A. At least ten (10) days before the date of hearing in any contested matter as to division of marital property. there should be filed with the Court an itemized list of all property in dispute stating :

A. At least ten (10) days before the date of hearing in any contested matter as to division of marital property. there should be filed with the Court an itemized list of all property in dispute stating :

WARNING

Applies to

Additional discovery motion

The Defendant may seek additional discovery by written motion, but the motion must be specific; broad discovery motions will be summarily overruled.

The Defendant, by and through Defense Counsel, may request, by written motion, additional discovery or seek the Court's assistance in obtaining other relief to which he/she may be entitled . Any motions for additional discovery must be very specific and not general in nature . The Court will summarily overrule broad motions for discovery.

WARNING

Applies to

Attorney statement

An attorney seeking permission to review or copy a paternity file must sign a statement limiting what may be shared with the client; the file’s information remains confidential and privileged regardless of representation.

Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client, including information relating to domestic violence or child abuse as well as the addresses of the parties. Regardless of the subsequent representation or non-representation of the party, any information contained in such file is confidential and subject to the attorney-client privilege.

WARNING

Applies to

Court order

Other Dais ofspecial meaning . such as religious holidays, or national holidays . should he decided together. written into the Court order, and alternated as above.

Other Dais ofspecial meaning . such as religious holidays, or national holidays . should he decided together. written into the Court order, and alternated as above.

WARNING

Applies to

Confidential case statement or other materials

The mediator may require the parties to submit a confidential case statement or other materials the mediator reasonably considers appropriate.

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

WARNING

Applies to

Defense motion

The Court will consider whether the Prosecutor must release requested information when the Defense submits a written motion.

Upon written motion by the Defense, the Court will consider whether the Prosecutor shall release the requested information.

INFO

Applies to

Proposed instructions or findings

Proposed instructions or findings should be sufficiently detailed to provide an adequate factual basis, supported by anticipated evidence, for resolving the case and supporting a judgment favorable to the submitting party.

Such proposed instructions or findings of fact and conclusions of la,N should be sufficiently detailed so that if adopted by the court they should form adequate factual basis, supported by anticipated evidence, for resolution of the case and support of a judgment favcrable to she party submitting .

INFOCriminal cases

Applies to

Order of diversion

An Order of Diversion may include conditions requiring the petitioner to remain drug- and alcohol-free and submit to random testing, avoid violations of the Penal Code or Controlled Substances Act, and possess no firearm or other deadly weapon.

The Order of Diversion may include : 1. That the petitioner remain drug and alcohol free and be subject to random testing. 2. That the petitioner have no violation of the Peal Code or the Controlled Substances Act. 3. That the petitioner possess no firearm or any other deadly weapon.