Hancock County Circuit Court, Kentucky Document Filing Requirements

CRITICAL

Applies to

Response

A response to a motion submitted for determination without oral hearing must include a brief written statement supporting the respondent's position.

Any such response shall include a brief written statement supporting the respondent's position on the motion.

CRITICAL

Applies to

Agreement

An agreement relying on standard parenting guidelines or a standard parenting conduct order must identify the standard used and attach a copy.

Any agreement that relies upon standard guidelines for parenting time, time-sharing, or visitation, or upon a standard parenting conduct order, shall specify the standard guidelines or order which the parties are utilizing, and the parties shall attach a copy of the standard guidelines or order to the agreement.

CRITICAL

Applies to

Uncontested adoption

Absent good cause, a final adoption hearing may not be scheduled on a regular motion day; for an uncontested adoption, the petitioner must tender proposed findings, conclusions, and judgment before requesting a final hearing date.

Except for good cause shown, a final adoption hearing shall not be scheduled on a regular motion day, and, when the adoption is uncontested, the petitioner shall tender proposed findings of fact, conclusions of law, and judgment prior to requesting a final hearing date.

CRITICAL

Applies to

Pretrial exhibits

Exhibits not exchanged before the pretrial conference may not be admitted.

Exhibits that are not so exchanged shall not be admitted.

CRITICALCriminal cases

Applies to

Order of pretrial diversion

The diversion order must address applicable restitution, supervision and fees, duration, compliance with Probation and Parole rules, and the defendant’s obligations during diversion.

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 . Direct that the defendant shall not commit any offense during the period of the pretrial diversion and to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .

CRITICAL

Applies to

Proposed order

Must include

certificate of service

An order without a “Have Seen” must contain a certificate of service showing that all attorneys of record received a copy.

(2) In instances covered by Paragraph (1) above, the order may contain a "Have Seen and the signatures of other attorneys of record and, if the order meets with the Court's approval, shall be signed without delay. Orders not containing a "Have Seen" shall contain a certificate of service showing that all attorneys of record have been served with a copy and such orders will be held by the Court for three (3) days after receipt thercof to allow opposing counsel to make their objections to the order before signing and entry.

CRITICALCriminal cases

Applies to

Partial presentence report

If the court is uncertain about accepting the agreement without a presentence report, a partial investigation and report must be prepared and presented to the court on the date set for review.

If the Court is uncertain as to whether it will accept the agreement without benefit of a Pre- Sentence Report, a partial presentence investigation shall be conducted by the Division of Probation and Parole, and a partial presentence report shall be prepared and presented to this court on a date certain for when this case is set down on the court docket for review

CRITICAL

Applies to

Motion for distribution

Specific costs not recited in the judgment, order of sale, or title opinion and not included in a party's fees-and-costs motion must be disclosed to the Commissioner before the motion for distribution.

Specific costs payable other than those recited specifically in judgment and order of sale or opinion of title that will not be included in a party's motion for fees and costs, must be disclosed to the Commissioner before motion for distribution.

CRITICAL

Applies to

Written objection to dismissal

A party objecting to dismissal must file a written objection.

(3) A party objecting to dismissal shall file a written objection to the dismissal prior to the scheduled date of dismissal and shall appear to argue the objection to the dismissal.

CRITICALCriminal cases

Applies to

Pretrial diversion application

For a pretrial diversion application, counsel must state on the record that a grant of diversion waives any right to a speedy trial or disposition, and the defendant must agree on the record.

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 disposition of the charge against him/her is waived .

CRITICAL

(1) In non-confidential actions, an attorney or party filing a document subject to the redaction requirements of CR 7.03(1), or containing the name of a minor child, shall also file an

(1) In non-confidential actions, an attorney or party filing a document subject to the redaction requirements of CR 7.03(1), or containing the name of a minor child, shall also file an

CRITICAL

Applies to

Mediation report

The mediator must file a report with the Court describing the results of the mediation conference.

The mediator shall file a report with the Court setting out the results of the mediation conference.

CRITICAL

Applies to

Notice of motion

A motion filed under CR 78(2) must include the specified notice, and no order may be entered unless the notice requirement is met.

The notice of any motion filed under this rule shall state the following: "This motion is filed pursuant to CR 78(2). In order to expedite the business of the court, the movant does not request an oral hearing on this motion. This motion has been served upon all parties, including the client. In order to allow time for written objections or requests for an evidentiary hearing to be filed in this matter, the Clerk shall place this motion on the next available motion day after ten (10) days from the date of filing. Should no written objections be filed at that time, the Court may enter the attached tendered order." No order shall be entered without compliance to the above-referenced notice requirement.

CRITICAL

Applies to

Pretrial conference materials

Counsel must bring briefs on unusual legal issues, proposed jury instructions, a statement of trial issues and what must be established to prevail, an exhibit list, and stipulations of uncontested facts to the pretrial conference.

Counsel shall prepare and bring the following to the Pretrial Conference, in addition to exhibits: Briefs on unusual legal issues Proposed jury instructions. A statement of the issucs to be resolved by trial and what you must establish in order for your client to prevail. D. A list of exhibits. E. Stipulation of facts which are not contested.

CRITICAL

Applies to

Petition

The petition must be verified by the circuit clerk, an official authorized to administer oaths, or an individual authorized by the protocol when the clerk's office is closed or inaccessible due to an emergency.

The petition shall be verified by the circuit clerk, any official authorized to administer oaths (including, but not limited to, a notary public), or, when applicable, any individual authorized by this protocol to verify petitions when the local circuit clerk's office is closed or otherwise inaccessible due to an emergency.

CRITICALCriminal cases

Applies to

Commonwealth recommendation

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

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

CRITICAL

Applies to

Motion for leave to withdraw

An attorney seeking to withdraw from a civil or criminal case must file a motion for leave to withdraw with notice setting a hearing on a motion day.

The attorney desiring to withdraw from either a civil or criminal case shall file a motion for leave to withdraw with a notice setting the motion for a hearing on a motion day.

CRITICAL

Applies to

Motion

Must include

proposed order

The moving party must file a proposed order with the motion.

(4) The moving party shall file with the motion a proposed order to be entered and serve the order, together with the motion, on all other attorneys of record, or the partics if unrepresented, within a reasonable time, but generally, in hand servicc, within three (3) days.

CRITICAL

Applies to

Witness list

Each witness on the exchanged list must be identified by name and address and accompanied by a summary of anticipated testimony.

Witnesses shall be identified by name, address, and summary of anticipated testimony.

CRITICAL

Applies to

Order of sale

For an occupied building, the order of sale must authorize the Master Commissioner to enter and show the premises to appraisers and prospective purchasers.

If a building is occupied, the order of sale must give the Master Commissioner authority to enter to show the premises to appraisers and prospective purchasers.

CRITICAL

Applies to

Title opinion

The title opinion must cover 30 years and be signed by a lawyer licensed to practice in Kentucky.

(Z) A 30-year opinion of title on the property to be sold, signed by a lawyer licensed to practice in Kentucky, shall be served on the Master Commissioner by the party that moved for sale prior to the Commissioner's having to schedule sale. Alternatively, the moving party may have the Commissioner hire an attorney who is familiar with title examination in the County to provide an opinion of title.

CRITICAL

Applies to

Order

All orders must contain a distribution list or similar language.

All orders shall contain a distribution list or language similar to that as set out in the following cxample:

CRITICAL

Applies to

Order of sale

Posting, display advertising, professional auctioneer services, and an on-site sale require a specific order and budget.

(6) Posting, Display advertising, Professional auctioncer service, and Sale on site require specific order and budget.

CRITICALCriminal cases

Applies to

Court record

If it is accepted, a specific finding shall be made on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .

If it is accepted, a specific finding shall be made on the record that the defendant entered the plea AND entered into the diversion agreement voluntarily, freely, intelligently and understandingly .

CRITICAL

Applies to

Ex parte custody motion

Except for the specified emergency and temporary-custody situations, a party seeking ex parte custody-related relief must provide, under oath and to the extent of their knowledge, the listed information about custodial-rights claimants and household residents.

Except when seeking emergency custody in a juvenile dependency, neglect or abuse action or temporary custody in a domestic violence or interpersonal protective action, a party seeking ex parte relief from the Court related to custody, parenting time, time-sharing, or visitation shall, in addition to satisfying the requirements of FCRPP 2(8)(a), provide the following information to the Court, under oath, to the extent of the party's knowledge: (1) The name of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; (2) The criminal conviction history of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each adult who resides with each such person; (3) The status and outcome of any investigation by a child protective services agency of each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home; and (4) The status and outcome of any domestic violence action, including interpersonal protective actions, involving each person claiming custodial rights to, or exercising custodial control or supervision of, the child(ren), and of each resident of each such person's home.

CRITICAL

Applies to

Tendered motions hearing notices and orders

File all tendered motions, hearing notices, and orders with the Circuit Clerk's Office for forwarding to the Judge.

All tendered motions, notice of the hearing, and orders are to be filed with the Circuit Clerk's Office, and the Circuit Clerk shall forward them to the Judge.

CRITICAL

Applies to

Motion

A motion submitted for determination without oral hearing must include a brief supporting statement and the notice specified in LRP 13.

If a movant wishes to submit a motion for determination without oral hearing, the motion shall include a brief written statement in support of the motion and the following notice: This motion is filed pursuant to LRP 13. In order to expedite the business of the Court, the movant submits this motion for determination without oral hearing. Any party wishing to object to the motion, request an oral hearing, or otherwise respond to the motion shall file said response within 10 days from the date of filing of the motion. Any such response shall include a brief written statement supporting the respondent's position on the motion.

CRITICALCriminal cases

Applies to

Recommendation to court

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

when diversion is recommended, the Commonwealth 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

Title opinion

A title opinion may be addressed to the Commissioner or be a copy addressed to the moving party or counsel, and must include a property description and specified title, ownership, lien, and tax information.

(3) The document may be either an opinion of title addressed to the Commissioner, or it may be a copy of an opinion addressed to the moving party or to the party's attorney, and it shall include an accurate description of the property and: (a) Complete sources of title of all persons with present and inchoate interests of record; (b) Exact fractional interest of title owners holding jointly; (c) All unreleased liens of record and the approximate present payoff required to release each lien (according to lienholder); and (d) All tax bills and certificates of delinquency payable within statute of limitations, including amount payable (with penalty), number of bill or certificate of delinquency, and date of certificate of delinquency or, if sold to a third party, date of

CRITICAL

Applies to

Agreed order

An attorney emailing an agreed order must certify that it is agreed or provide an email showing the other attorney's agreement.

The attorney sending an E-mail order shall certify that it is an agreed order or send a copy of an E-mail from the other party(ies) attorney(s) that she or he agrees to the order.

WARNING

Applies to

Order of sale

Posting is not required by law and must not be included in an order of sale without a budget.

Please note that Posting is not required by law: KRS 426.200(2), 426.560; Ward v. Vanhoose, 222 Ky. 135, 300 SW 337 (1927). Please do not include Posting in your order of sale without budget: Miller v. Cisco, 279 Ky. 440, 130 SW 2d 783 (1939).

INFOCriminal cases

Applies to

Order of pretrial diversion

The court may include drug- and alcohol-free, testing, criminal-law compliance, and weapon-possession conditions in the diversion order.

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 Penal Code or the Controlled substances Act . 3. That the petitioner possess no firearm or any other deadly weapon .

INFO

Applies to

Order of sale

An order of sale need not include specific provisions for notice or advertisement.

Since all sales are advertised according to law, it is not necessary to include specific provisions of notice or advertisement in order of sale.

INFO

Applies to

Petition

A person authorized to administer oaths, including a notary public, may verify petitions at any time.

Any person authorized to administer oaths, including, but not limited to, a notary public, may verify petitions at any time.

INFO

The judge should be listed on all copy lists.

Please list the judge on all copy lists.